The Derfection Of Our Insurance Subrogation System

The insurance subrogation system is a traditional system arrangement in the insurance law.With the rapid development of China's insurance industry,the cases of insurance subrogation also grow rapidly.Although?Insurance Law Of The People'S Republic Of China?has made institutional provisions on the legal provisions,but there are only four legal provisions involved.The content is too sketchy and not systematic,which makes the practical needs in the practical application of insurance subrogation and the rough contradiction between the legal provisions increasingly prominent.In recent years,Supreme People's Court has been issuing judicial interpretation and guiding cases to regulate the application rules in the practice of insurance subrogation.This phenomenon can be observed.This paper starts with the actual contradiction and demand in the practice of insurance subrogation,and sorts out the theoretical framework of the two legal systems.Based on the existing legislation of our country,the theoretical framework and operation rules of our country's insurance subrogation system are analyzed,and then the crux of the application scope of insurance subrogation system,the conflict of the right of claim between the insurer and the insured and the operation procedure of subrogation is analyzed.Finally,according to the method of value analysis,the author returns to the value origin of subrogation,and proposes to establish the classification standard of "compensatory and non-compensatory",the priority system of insurant interests and the supplementary system of agreed subrogation,so as to meet the maximization of the function of subrogation.