Definition Of The Restricted Objects Of Exercising Insurance Subrogation Right

In recent years,China's insurance industry has developed rapidly and the insurance market has become increasingly prosperous,playing an increasingly important role in the process of economic and social development.However,with the rapid development of the insurance market,there are more and more insurance dispute cases.The professionalism and complexity of the case has also been highlighted.In discussing a case about insurance subrogation right dispute,the court adjudication has different understanding to “the family member of insurant or its composition personnel” in “insurance law”62.The reason is that the law and judicial interpretation do not give further explanation to “the insured's family members or their constituent personnel”,so that the law is not clear in the application,there are different judgment results.This paper collects and sorts out such cases and selects 62 refereeing documents with research significance for discussion.The first part of this paper classifies the disputes according to their different focuses,and summarizes various opinions of the court on “the insured's family members or their constituent personnel".For example,the cognizance of “family members”,some court hold that “in judging the scope of family members,we should focus on examining whether the third party and the insured have established common and economic interests due to their common life or legal relationship”.Some courtshold that “extended explanations should be given to family members,that is,relatives who have lived together for a long time and have family property in common,but who are not cohabitants but have dependents,and those who are neither cohabitants nor close relatives who do not have dependents".As for the definition of“composition personnel”,some courts hold that “composition personnel shall be the personnel who have a common economic interest relationship with the insured".Some courts think “the interest that is insurant or accept insurant entrust or the person that has a kind of special law to concern with insurant and undertakes an activity,include the employee of insurant,partner and agent” all sorts of judgement viewpoint.At this point,to “insurance law” in 62 “the family member of insurant or its compose personnel” how to define a problem to spread out expound.The second part of this paper from the object scope of insurance subrogation right regulation,pointing out that article 60 and article 62 of the insurance law are“positive generalization + negative enumeration” of the scope of the subrogation claims and explaining the ambiguous situation in the application of law.This part also expounds the principle of loss compensation,system function and legislative purpose behind the right of subrogation of insurance,and understands the concept behind article 62.The third part of this paper is the specific identification of the scope of insurance subrogation.First of all,this paper introduces the academic world's theoretical divergence of views on “family members or their constituent members of the insured”,and introduces the relevant legislative provisions of Taiwan,Macao special administrative region and some countries outside China.Secondly,according to the actual social life of our country and the “civil and commercial integration” of the legislative model.By the method of direct interpretation,system explanation,the“family members” as the insured shall be deemed as the range of human nature,to live with the insured's close relatives(including spouses,children,parents,and the other is raised,and the insured share support,adoption or maintenance relation person)and relatives who do not live together but have interest consistency to the subjectmatter of insurance.The scope of “component personnel” shall only be defined as the internal staff or its internal components of the insured when the insured is a legal person or other organization.Due to the increasing diversity and complexity of social relations,combined with the case,the “co-insured” standard and “waiver clause”method are further proposed to define the restricted objects of subrogation.However,in judicial practice,the specific handling of similar cases still needs to focus on the legal facts of the case and the determination of legal responsibility.