Rresearch On Recovery Right Of Compulsory Motor Vehicle Accident Liability Insurance

With the rapid development of China's economy,motor vehicles have gradually become the main means of transportation for people to travel,and China has become one of the countries with the largest number of traffic accident victims in the world.Compulsory motor vehicle liability insurance can not only protect the basic rights and interests of the victims,but also share the risks of the insured and protect the rights and interests of both parties.However,China's compulsory motor vehicle liability insurance system still has many shortcomings in balancing the rights and interests of the victim,the insurer and the insured,especially in the protection of the rights and interests of the insurer.There are few provisions on the insurer's right of recourse,which can not fully protect the interests of the insurer or perfectly balance the interests between the insurer and the insured.As a kind of claim right,the right of recovery is the right acquired by the party who pays the obligation to demand the other party to bear the final responsibility.Then,in our country's motor vehicle liability compulsory insurance system,how should the insurer execute the right of recourse?This paper analyzes the legal nature of the system,operation principle and social function from the source and historical evolution of the insurer's right of recourse based on the domestic and foreign legislation,and obtain the essential characteristics of insurance subrogation recourse system.This paper discusses this system by using jurisprudence argumentation and historical tracing,and uses empirical analysis and comparative analysis to provide some references for China's relevant legislation.This paper mainly analyzes the right of insurance subrogation from the two aspects of entity and procedure.In the substantive part,it mainly discusses the exercise of the right of subrogation in accordance with the provisions of Article 22.In the procedural part,it mainly discusses how the insurer exercises the right of subrogation,including the object of exercise and the scope of recovery.Finally from the social level,legislative level,judicial level to put forward some personal suggestions.