Research On The Insurance Subrogation Right In China

The right of insurance subrogation is an important system in the insurance law.Motor vehicle insurance is one of the most important insurance that relate to people in property insurance.However,the insurance industry in China started late and the development time is not long.So comparing with the civil law and common law of insurance industry in developed countries,the insurance subrogation cases in China accumulated less and the legal practice and legislation system is not perfect.With the increasing number of vehicles and the rapid development of China's insurance industry,the internationalization trend of insurance industry has been gradually strengthened,the insurance subrogation system in the legal system plays an increasingly important role.But on the other hand,the insurance subrogation has also encountered a lot of problems in the judicial practice,such as the right of insurance subrogation applying for personal insurance subrogation cases,jurisdiction and limitation of action,"insurance law","maritime law","marine procedure law" and relevant judicial interpretations on the right of insurance subrogation provisions in the process of the application of the unity.If these problems are not solved,it will cause the application of fuzzy theory and judicial confusion,hinder the healthy development in the insurance industry.By discussing the general questions about the right of insurance subrogation in insurance law of China,this paper makes the right of subrogation in the motor vehicle insurance as the research perspective,and explore issues related to the insurer to exercise the right of insurance subrogation,which will be helpful for the establishment and improvement of the motor vehicle insurance subrogation generation mechanism.The paper consists of three parts: introduction,text and conclusion.The main part of the text is divided into six chapters.The first chapter elaborates the concept,the nature and the principle of the insurance subrogation right system,mainly expounding the development history of insurance law of China and the basic requirements and function orientation.The second chapter introduces the legal provisions concerning the right of subrogation in China,and puts forward some suggestions on the improvement of the legal system.The third chapter introduces the scope of application of motor vehicle insurance subrogation and the difference between the right of insurance subrogation and the third party liability insurance of motor vehicles,and the risk of cross liability insurance.The fourth chapter is about the application of the right of subrogation inmotor vehicle insurance.It introduces the application of motor vehicle insurance subrogation in judicial practice and the problems in reality.The fifth chapter is about the exercise of the right of insurance subrogation in the motor vehicle insurance,and it systematically expounds the problems of the insurance subrogation system in the way of obtaining,the obtain cause,the amount of exercise,the jurisdiction and the limitation of action.The sixth chapter puts forward some suggestions on how to extend the insurance subrogation right to the life insurance and the limitation of action of the right of subrogation.