Analysis Of The Right Of Insurance Subrogation

Right of insurance subrogation, as a special right endowed by law, has significant meaning. It can not only make compensation for the insurant after the accident as soon as possible, but also avoid the possibility of the insurant getting the unjust enrichment; it can not only ensure that the payment of the indemnity will not weaken the economy strength or the economy compensation ability of the insurer, but also make the third party who is in fault cannot shift off its responsibility because of the payment . it has very importment practical significance.In this article, the basic idea is based on basic theory of the Civil and Commercial Law, China's current legislation on insurance subrogation rights, and the latest research results from other countries, analysis the basic theory of insurance subrogation rights, the concept of legal protection and related issues related to the analysis,the exercise of the regulatory system and seek to improve China's insurance subrogation out the best options.Besides preface and conclusion, the full article consiste of four chapers.Chaper1 introduces the historical development of the right of insurance Subrogation, and then analyses its definition, give overall analysis to the concept of related issues related to it, for example, subrogation,abandonment have a better understanding to the concept of Right of insurance subrogation,Chaper2 analysis the basic theory and social function of insurance subrogation rights, refer to that is the essence legal right of transfer. in accordance with its quality, then analysis rights related to it.Chaper3 analysis the exercise of the right of insurance subrogation on ordinary conditions.Conclusion. The range of the right of insurance subrogation must be extended.