Research On The Normative Exercise Of The Right Of Subrogation Insurers

As an international practice,most countries in the world follow the system of insurance subrogation.In the 1990 s,China's insurance law began to be legislated.Compared with the developed countries and regions,the system of insurance subrogation in China has developed slowly,and its theoretical research and judicial practice cannot meet the needs of reality.This paper discusses the exercise of the right of insurance subrogation.In judicial practice,passenger vehicles and motor vehicles collide and there is a traffic accident.Some passengers are injured in the traffic accident.For the passenger vehicles,it constitutes the concurrence of liability for breach of contract and tort liability.How to regulate the exercise of the right of insurance subrogation? We will think about that in this paper.With the increase of litigation of insurance subrogation,we have to pay attention to it.If we can handle this,we can protect the interests of the insurers and reasonably define the liability of a third person.However,there is no research on this subject whether in legislation or theory.No uniform and clear rules of adjudication have been established in judicial practice,too.The insurers feel helpless in the exercise of this right.The court rules differently.Therefore,it is necessary to analyze and comb this kind of cases,and then provide guidance and assistance for the standard exercise of the right of insurance subrogation under this kind of liability competition.This article is divided into four parts.The first part introduces the thesis of this article through a case of joint liability for breach of contract and tort.The second part introduces the basic theory of the right of insurance subrogation,and combs the legislative and theoretical research status of the right of insurance subrogation in China.The right of insurance subrogation is not exercised in a regular manner.The third part summarizes the performance and analyzes the reasons.The fourth part puts forward some suggestions on how to regulate the exercise of the right of subrogation.This fourth part is the focus of this article.