Study On The Conflict Between Insurance Subrogation Right And Claim For Damages And Its Resolution Rules

Insurer subrogation is based on loss in property insurance compensation principle and fair principle of a statutory right,the purpose is to prevent the insured have double compensation,is one of very important system in insurance law but early understanding of insurance subrogation system in our country is not comprehensive,of insurance subrogation and damage compensation claims conflict research less,though,the current insurance law in our country,and in 2018 enacted by the supreme people's court about applicable "insurance law of the People's Republic of China>(4)the explanation of some issues,affirmed the insurance subrogation and the possibility of a conflict for compensation for damage,but it wasn't clear in the legislation in processing rules on the conflict in the judicial practice of insurance subrogation and conflict for compensation for damage cases,existing laws provide the specific processing rules are not comprehensive,lead to different connection with the given situation,the enthusiasm of the insurer to exercise subrogation is falling,the interests of the insured the security and the lack of security Therefore,it is an urgent problem to perfect the relevant system of insurance subrogation in China's existing legislation and to clarify the rules for dealing with the conflict between insurance subrogation and claims for damages.In this paper,on the basis of basic theory research,aiming at the existing legislation on insurance subrogation and insurant the problems that exist in the conflict resolution for compensation for damage,outside theory and legislation,especially through investigation and comparison of the legislation of order aspect,draw lessons from outside the reasonable parts of the legislation and the related system,on the premise of combining with the actual situation of our country,put forward should be clear of standard completely,to the insured the priority of compensation with respect to general processing rules;Exceptions shall be made in cases prescribed by special law or otherwise agreed by the parties;And through the analysis of legislative purpose,make and excess interests belonging to recover the cost for judgment,put forward to recover the costs shall be borne by the insurer,the excess interest should belong to the insured,the way of clear insurance deduction related Suggestions,in order to better build the insurance subrogation right system in our country,promote the healthy development of insurance industry.