Research On The Application Of The Right Of Subrogation In Life Insurance In My Country

With the rapid rise of the insurance industry,the subrogation system is more and more concerned by the community.China's insurance subrogation right is considered to be unique in property insurance,but there is existing some applicable space in the field of personal insurance.In the study of foreign legislation,it has been found that some developed countries have already recognized the right of subrogation in the field of personal insurance,such as Britain,Germany,Korea and Japan.China's traditional insurance legislation has gradually become inconsistent with the development of insurance theory,which life insurance can apply for subrogation right has become troubled theoretical and practical problems.To solve this problem of controversy can be related to the healthy development of the insurance industry and improve credibility.This article will be discussed from the following five parts:The first part is the judicial dilemma of personal insurance subrogation.This part will use four real insurance cases to discuss the different issues,on the personal insurance subrogation,and different treatment programs are compared,leading to the current judicial practice in the plight,that is,because the subrogation right is not to be used in personal insurance,causing "with the case of different judgments" problem.In the second part,the theoretical controversy about the right of subrogation in life insurance.This part is about the problems encountered in the practice,the domestic and foreign theoretical circles on the existence of personal insurance for subrogation of the right to discuss the issue of domestic,and foreign scholars on this issue held by the point of view and the reasons for domestic and foreign legislation on personal insurance subrogation.The attitude and initiatives were listed.At present,there are"positive theory","negation theory" and "partial affirmation",the author supports"part of the affirmative",that part of the insurance for personal insurance has the right to subrogation.The third part,the necessity of applying the right of subrogation for life insurance.This part is mainly for the author's "part of the affirmative theory" to demonstrate,first of all personal insurance without subrogation claims for deep-seated reasons analysis,and to refute it.The second is to prove that the existence of subrogation right in the field of personal insurance is at risk.It will cause the unjust enrichment of the insured or the beneficiary,and induce the moral hazard and prevail in the insurance contract as the gambling tool.The fourth part,the feasibility study of the right of subrogation for life insurance.This part discusses the legitimacy of the right of subrogation in the life insurance from the perspective of the principle of loss compensation,and whether there is space for the three kinds of insurance in life insurance,accident insurance and health insurance.The fifth part is about the application of subrogation right in life insurance and the suggestion.This part first based on the background of today's legislation,put forward the application of the purpose of limiting the use of restrictive interpretation,the release of guidance cases and other personal insurance subrogation rights applicable way,and then discussed that in order to completely solve the applicable claims of personal insurance subrogation Still based on the legislation,put forward to allow the consent of subrogation claims,insurance classification method of reconstruction and so on.