Study On The Qualification For The Party In Insurance Subrogation Litigation

Article 60 of China's Insurance Law of the People's Republic of China(hereinafter referred to as the “Insurance Law”)stipulates that the insurer's subrogation rights in property insurance shall be based on the principle of insurance loss,and the insurer shall replace the insured's The purpose of compensation claims is to prevent improper gains.However,in the judicial practice in our country,when the insurer filed a lawsuit on behalf of the insured,due to the narrow scope of application of the subrogation right in the legislation,the third party in the liability was not consistent,resulting in a deviation in the application of the referee.Different jurisdictions and referee results appear in different courts,causing judicial confusion.From the litigant's point of view,the litigant issue in litigation often occurs between the original defendant.As far as the plaintiff is concerned,in order to protect its own interests,it can be remedied in a timely manner.It is believed that the application scope of insurance subrogation rights should not only be limited to property insurance,such as the medical expenses portion of accidental injury insurance in life insurance and reinsurance.In special circumstances,it should be deemed as an appropriate plaintiff for litigation,and it should not completely deny its right to obtain subrogation.From the defendant's point of view,in order to avoid liability,the defendant often argues that the defendant is not the direct infringer of the accident.If he has not committed the infringement,he is not an appropriate defendant and the litigation cannot enter the substantive trial.Therefore,in order to clarify the existing chaos in the jurisdiction of the parties due to the issue of the appropriateness of the parties,and to analyze the reasons for the existence of problems in the litigation of subrogation of insurance,the reasons for the existence of the problems are analyzed,and accordingly suggestions for solving the problems are put forward.In addition to the content summary and the introduction,the research content of this paper is divided into four parts.The study of the parties' suitability in the subrogation of insurance subrogation is conducted at different levels.The first part introduces the summary of the litigants in the subrogation of insurance subrogation.First of all,it defines the concept of the appropriate subrogation for the subrogation of insurance subrogation,and makes a macro understanding of the appropriate theory of the parties.Then according to the appropriateness theory of the parties,the definition of the parties in the insurance subrogation litigation is defined,and the significance of the litigants in the current lawsuit is analyzed in conjunction with the nature of the rights.The second part puts forward the existing problems in the subrogation of insurance subrogation litigation.The specificity of the subrogation of insurance subrogation proceedings is different from that of general litigation.Combined with the cases in the judicial practice,it was found that the plaintiff's discomfort in the litigation was mainly due to the fact that subrogation claims cannot be obtained under special circumstances,thus losing the right to make litigation claims.This in turn leads to ill-concerns in the lawsuit;the defendant's incompatibility in the lawsuit is due to the unclear application of the object to the case,resulting in the plaintiff's request that the object is not an appropriate defendant,and the lawsuit cannot be conducted effectively.The third part analyzes and analyzes the reasons for the existing problems of the parties in the litigation of subrogation of insurance.Based on the existing problems of litigants in the plaintiff and defendants of the lawsuit,the reasons for the occurrence of the problems were analyzed.Legislation completely ruled out subrogation of personal insurance and the stipulations on the third party of the liability.The reinsurance emphasized too much on independence and did not specify multiple third parties.The internal relationship is the main reason for the existence of the problem.The fourth part puts forward relevant suggestions for improving the appropriateness of litigants in insurance subrogation litigation.Combining the foregoing analysis of the issues,we learned that the multi-subjects involved in subrogation disputes in insurance,and the rights and obligations of the parties involved are relatively complex.Therefore,from the perspective of legislation and justice,we propose suggestions for solving problems to improve the litigation.The issue of the appropriateness of the parties.