| As an international custom and usage,insurance subrogation system has been widely recognized for the legislation of almost every country.The right of insurance subrogation refers to the insurer in to the insured claims,the claims within the scope of the insured,have to cause the accident insurance for third party compensation claims.The system of insurance subrogation system is derived from the principle of compensation for the damage.The design of the system of insurance subrogation,it is in order to give the insurer with interests,be inferior to saying is to a certain system arrangement.This system which is designed to prevent the insured to obtain excess profit,so as to avoid insurance become a gambling tool.Therefore,the insurer in the exercise of this right may be subject to some restrictions,the reason is the purpose of the law of insurance in the insurance subrogation is not given the insurer the interests,but to prevent the insured to obtain.Compared with general subrogation of litigation or general debt litigation,its biggest characteristic of the insurance subrogation litigation is charged nominal problem.Due to the nature of the right of insurance subrogation of the differences of opinion,the continental law system and Anglo-American law system to sue the nominal problem of insurance subrogation litigation is so unique.Based on the theory of continental law legal assignment that should be charged with the insurer ’s own name;common law based on the theory of program and that should be in the name of the insured to prosecute.In this paper,aiming at the problem of the insurance subrogation litigation in is based on the differences between the two legal systems,.Besides the introduction,this paper is divided into five parts:The first part is a general introduction of the right of insurance subrogation,mainly for the substantive content.This part discusses the meaning and essence of the right of insurance subrogation,applicable scope of the right of insurance subrogation and theoretical perspectives,elements of the establishment of the right of insurance subrogation and its set up time point.The second part through the comparison between the continental law system and Anglo-American law system of different theories of the right of insurance subrogation,described the insurance subrogation litigation in whose name rights issues,and analyzing the reasons for this difference,at the same time on these two theories in the judicial practice of the pros and cons.The third part discusses the protection should be the insurance subrogation litigation scope as well as the needle of the defendant.Insurance subrogation litigation defendants not anyone who caused insurance accident,if there is a certain interest relationship between the defendants and the assured,such as the insured person’s family,the insured employees,unless it is deliberately causing insurance accidents,otherwise the insurer is forbidden to sue the insurance accidents maker.The fourth part elaborates the litigation position of assured in the process of litigation and some obligations he should bear to help the insured.The fifth part discusses the relevant provisions of the China’s insurance subrogation litigation problems as well as some problems in theory and practice. |
