Research On Insurer's Subrogation Right

The insurer's subrogation right is the concrete embodiment of the principle of loss compensation in insurance law,which can effectively avoid the insured's unjust gain.The system of insurer's subrogation right has been established in many countries in the world.However,China's insurance industry has not been fully developed,the individual provisions of the legal system of the insurer's subrogation right are general and ambiguous,and there are many disputes between the theoretical and practical circles about some mandatory provisions.Therefore,through the study of the insurer's subrogation claim.It is particularly important to take full advantage of the advanced experience of foreign countries and link up the insurance law with the civil and commercial legal system in order to solve the problems existing in the application of subrogation of insurers in China,which is also the focus of this paper.In the disputes related to the insurer's subrogation right,the application of law is limited,and individual problems need to be solved urgently.The main disputes and problems concerning the insurer's subrogation right are as follows:what conditions should the insurer's subrogation right be established?Should personal insurance necessarily be excluded from the insurer's subrogation right?What special exclusive provisions should the object of exercising the insurer's subrogation right include,in particular,who should apply and who should prohibit it because of the fault?When the third party of the accident is the insured,can the insurer exercise the right of subrogation?What special provisions should the insurer's right of subrogation be made in the limitation of action?How to deal with the conflict between the insurer's right of subrogation and the insured's right of claim?These problems have become obstacles to the smooth implementation of the subrogation right of insurers in China.Therefore,it is of great theoretical and practical significance to fully discuss the above issues.This paper is divided into four parts:The first part is an overview of the insurer's subrogation right.The concept,nature,function,establishment requirements and acquisition mode of the system are analyzed.This paper mainly discusses the basic theory of the insurer's subrogation right,which paves the way for further discussion of the legal application of this right.The nature of the insurer's subrogation right in our country should be the transfer of legal creditor's rights,which fully embodies the principle of compensation for loss in insurance law.The second part is about the application of the insurer's subrogation right.This paper mainly explains and discusses the scope of application of the insurer's subrogation right and the object limitation.The third part is about the validity of the insurer's subrogation right.It includes the limitation of the insurer's subrogation right and the order and proportion of the insurer's compensation when the insurer and the insured's interests conflict.The fourth part is the suggestions to improve the subrogation right of insurers in China.In view of the problems in the second and third parts,this paper puts forward some pertinent suggestions.Regarding whether the system of subrogation right is applicable to life insurance,this paper holds that the legislation of our country should learn from Germany and Japan and make a concrete classification of life insurance,which can not be applied or not in a general way;as for the restriction of the object of the insurer's subrogation right,whether it has the consistency of interests should be taken as the criterion of judgment;the author also puts forward that the issue of limitation of time should be considered.Relative protection of the third party's prescription interests;for the insurer's subrogation claim and the insured's claim conflict,the specific situation should be specifically analyzed.