Research On The Application Of Subrogation Right In Life Insurance In China

With the significant growth of China’s economic level and social progress,the insurance industry is also rising rapidly and developing vigorously.The scope of application of insurance subrogation,especially whether it can be applied to personal insurance in a certain range,has become a hot and difficult issue in academic and practical circles.The scope of application of insurance subrogation in China has been limited to the field of property insurance.Starting from the basic theory of insurance subrogation,this paper focuses on the analysis and elaboration of the necessity and feasibility of the application of subrogation in personal insurance in China.At last,it puts forward the author’s humble opinion on trying to explore the realization path of subrogation in personal insurance in China.However,due to the limited theoretical level and practical experience of the author,the reference materials are also limited.The article can be discussed There is still room for further study.On the other hand,the cases selected in this paper are limited,and there are many complicated cases in insurance practice,which can not be involved one by one,and it is difficult to catch up with the pace of justice.Moreover,there are many new theories emerging in the academic field,which are not fully elaborated in this paper.This paper will be expanded from the following five parts:The first part is about the research background and significance,research methods,innovation points and deficiencies.At present,China’s insurance industry is still in the stage of extensive operation.Because the insurer pays more attention to scale efficiency and premium than profit,and the public does not know the role of subrogation in insurance practice,the awareness of domestic insurance recovery is relatively weak compared with that of foreign countries,which hinders the development of the insurance industry.Therefore,it is of great significance to explore and study this issue for the development of China’s insurance industry.The second part is the basic theory of insurance subrogation.It mainly introduces the concept,nature and exercise elements,clarifies the basic connotation of insurance subrogation right and its existing role and significance,paves the way for the necessity and feasibility study and opens up ideas.The third part is the analysis of the necessity of applying subrogation right to life insurance in China.Through the analysis of the current situation and practical needs of the development of the insurance industry in China,as well as the risks and problems of the absolute prohibition of subrogation in personal insurance legislation,and the introduction of specific cases to lead to the current problems and disputes in the judicial practice of the insurance industry,highlighting the need to apply subrogation in some specific types of personal insurance.The fourth part is the feasibility analysis of the application of subrogation right to life insurance in China.First of all,from the current three outstanding theoretical disputes in the theoretical circle,combined with the theoretical basis of insurance subrogation-the principle of loss compensation for theoretical analysis,the author supports the "partial affirmation theory".Then through the analysis of the legal practice of subrogation right of life insurance in foreign countries to prove the feasibility of its system and practice level,finally through the analysis of the applicability of subrogation right in the specific insurance types of life insurance in China,it is concluded that life insurance does not apply to insurance subrogation right,while health insurance and accident injury insurance that meet the nature of loss compensation have space for subrogation,It shows that the right of subrogation has applicable space and feasibility.The fifth part is the thinking and exploration of the application of subrogation right to life insurance in China.The author starts from three levels of legislation,justice and insurance business,mainly in terms of legislation,gives certain suggestions for the improvement of insurance law,changes the classification standard of insurance contracts,adjusts the position of some laws and regulations,and allows subrogation claims to be agreed.Judicial level Theoretical explanations can be used to limit and expand the understanding of the content of specific laws,issue guidance cases and other applications to guide life insurance subrogation claims,insurance business needs to improve the insurer’s claims awareness and ability,and at the same time standardize The format text of the insurance contract provided by the insurer in the business to prevent the imbalance of rights and obligations in order to coordinate the interests of all parties.