| Reinsurance is the insurance of insurance,it is a kind of behavior that the underwriter transfers the insurance responsibility that assumes him to another underwriter.In the context of a relatively low global economic downturn,the reinsurance business has played an important role in controlling risks and stabilizing the economy.With the transformation of China’s economic development model,the overall decline of the macro economy,the increasing population aging,and the social contradictions are more complex,the role of reinsurance is more prominent.However,there are two sides In everything.Due to the late start of the reinsurance industry in China,there are still many problems in theory and judicial practice,especially the subrogation right of reinsurance,which has caused many disputes in the academic and practical fields.Therefore,through the in-depth research of the reinsurance subrogation right,this paper explores reasonable and effective measures to reduce the dispute of the reinsurance subrogation right,and fully protects the legitimate rights and interests of the reinsurance people.There are five chapters in this article: The first chapter describes the definition of reinsurance,the nature of reinsurance contract,the definition of reinsurance subrogation right and other basic theoretical knowledge,among which the definition of reinsurance and the nature of reinsurance contract are controversial in academic research.In chapter two,the author summarizes the problems existing in theory and practice of reinsurance subrogation by studying cases and reading literature,which are mainly the disputes in theory circles about whether reinsurance subrogation is right or not and the conflicts between theory and practice of reinsurance subrogation.Chapter III studies the national legislation on the right of reinsurance and reinsurance subrogation.The fourth chapter is to analyze the practice of the subrogation in China by searching the judicial judgment.The fifth chapter proposes reasonable and effective solutions to the problems and improves the system. |