Research On The Application Of Subrogation In Life Insurance

The development of modern social economy and the continuous increase of social risks not only bring some unstable factors to the public life,but also promote the development of insurance industry.The subrogation system,as a balance of the main interests of all parties,has attracted more and more attention.As a derivative system of loss compensation principle,the scope of application of subrogation in China's insurance law is limited to the field of property insurance.The limitation of the scope of application leads to the increasing inability of insurance law to meet the practical needs.In some cases,the lack of subrogation leads to the occurrence of moral hazard.There is a dispute about whether subrogation right can be applied in the field of life insurance.The author found that some countries have expanded the scope of insurance subrogation from property insurance to life insurance.The legislative thinking that the right of subrogation is not applicable to personal insurance in our country hinders the development of insurance industry to some extent.Whether the subrogation right can be applied in personal insurance is an unavoidable issue,and its solution is conducive to the fairness of law implementation and the balance of interests of all parties.This paper is divided into five chapters to discuss related contents:The first chapter introduces personal insurance and subrogation rights respectively.If you want to study the subrogation rights of personal insurance,you should first understand the basic conceptual issues,which is the basis of the research.Chapter two analyzes the application and legislation of insurance subrogation in the field of personal insurance in foreign countries and in China,and finds out the basis and feasible way of applying subrogation in foreign countries through horizontal comparison.This paper sorts out the different theories on whether the subrogation right can be applied to personal insurance,and understands the supporting basis of each theory.The third chapter expounds the moral hazard caused by the lack of subrogation right in personal insurance and analyzes the conflict judgment of the applicable scope of the principle of compensation for loss in practice.The limitations of the scope of insurance subrogation in China are also discussedChapter four discusses the feasibility of subrogation in life insurance from the perspective of comparative analysis of theories and loss compensation principles,and explores the specific types of subrogation that can be applied by analyzing the specific types of personal insuranceThe fifth chapter,by referring to the legislation of subrogation right applied in personal insurance in foreign countries,and based on the current situation of legislation in China,gives legislative Suggestions on the basis of changing the classification of insurance types and the agreement of insurance subrogation right.