Research On Participation Right Of Chinese Liability Insurers

The continuous development of the economy makes liability insurance more and more an important way for people to avoid risks.Although the current laws of our country do not make clear provisions on the participation system of the insurer,it is always impossible to carry out liability insurance without the participation of the insurer.The participation system of the insurer is an important part of the liability insurance,and the regulations of the participation system of the insurer vary from country to country in the world.And obligation to pay more attention to protect the interest of the insured,rights,protect the interests of the insurer's point of view on no doubt more in line with China's social status and legal basis,in the present stage give rights significantly more suitable to the underwriter,but also should pay attention to exert the necessary limit,to prevent the abuse of the insurer.The insurer enjoys the right to participate in the process of reconciliation and litigation.It is important to understand the participation system of the insurer to formulate and improve relevant laws and regulations in the future.China has a big gap in about the underwriter participation,law and relevant judicial interpretations are not clearly defined,for the insurer participate in is a blank in the litigation,this article mainly is given priority to with literature research,through collecting,reading newspapers and literature,widely collect related information,participation to the underwriter application requirements,to the discussion of the pros and cons of the practice,by comparative research of the insurer to participate in the system of rights and obligations of socialist theory expression and analysis of different views,and relevant conclusions.This paper is divided into four parts,the first part introduces the concept,nature,classification and content of the right to participate,the insurer to participate in the settlement,the relevant content of the participation in litigation for a general explanation,as well as the insurer to participate in the exercise of the right to make an elaboration.The second part analyzes the current situation and existing problems of China's legislation,and makes a detailed interpretation of the article xi.currently,the main problems in China are the lack of the limitation of the right to participate and the absence of the litigation system,which seriously restricts the insurer's exercise of the right to participate.The third part introduces and analyzes the two legislative cases of rightism and deontology through the relevant legislation of Germany and the United States.The understanding of the relevant legislation cases abroad can help China further develop the right to participate.The fourth part,based on the summary above,gives relevant Suggestions for the improvement of China's laws and continues to adopt the legislative tendency of rightism.To increase the right to participate in the insurer's litigation provisions;Add procedural provisions and necessary restrictions to the right to participate.The law specifically on participation is the focus of the protection and restrictions on its necessary,in both the settlement and the insurer's participation in lawsuit should be as a right by law expressly provided otherwise,the insurer has decided to perform or not perform the rights of freedom,and to undertake the corresponding consequences.The protection of the insurer's rights is mainly embodied in the legal provisions of the insurer's participation in the form of rights,and the procedural provisions to clarify the insured's obligations of timely notice,prevention of damage and expansion,as well as the obligation of assistance and authorization;The limitation of the insurer's rights is mainly reflected in the fact that the law does not allow the insurer to delay the exercise of the right indefinitely.The time limit of the exercise of the right should be clear.Now in our country is due to the underwriter,the lack of participation so as to make the related problems occur frequently in practice and can't get very good solve,imperfect theory to the insurer in the insurance practice or excessive participation or can't participate in,this kind of problem will not solve directly harm the interests of the insured's own,and not conducive to the healthy and orderly development of China's insurance industry.Therefore,it is of great significance to pay attention to the insurer's participation system in our theory and practice.