Research On The Right Of Insurance Subrogation

From the current insurance practice situation in our country, the insurer to exercise the right of subrogation enthusiasm is not high, the reason mainly lies in the right on the top design problems, such as the limited scope; In view of the special exercise object should be how to deal with; Case shall be under the jurisdiction of the court should be how to determine and so on.Of these disputes exist that make all parties to a dispute without a clear solution, lead to the court in the courts can’t can depend on, in connection with different phenomenon.Based on the concrete problems in judicial practice as the breakthrough point, and combined with relevant academic point of view, and analyzes the insurer in the concrete to exercise the right of subrogation may appear some problems in the process, put forward the improvement of the feasible Suggestions. The body of the article is divided into four parts, the first part selected five cases in the practice, which leads to the exercising of insurance subrogation right in the process of a series of related problem. The second part is about the right of insurance subrogation controversial theory analysis, the main content of insurance subrogation right of definition, legal basis and function. In concept, distinguishes between "made a content" and "right to subrogation"; Focus on demonstrating the legitimacy of the right of subrogation, points out that from the plight of traditional theoreticalarguments. Last two part is the focus of this paper, the third part involves the right of insurance subrogation in the legal application problems in judicial practice, on the entity mainly include:the exercise of subrogation conditions, should include the premise, substantial, limit the three; On the object of the exercise of subrogation is limited the rules of the object is fuzzy, in view of the special objects are difficult to determined; On the applicable scope, only limited to the field of property-insurance; Procedural involved mainly include:the length of the court of jurisdiction, the limitation of action. So far, due to these problems to the relevant laws and regulations is not perfect, lead to the case that a dispute in practice. The fourth part is the dispute in the former part law perfect Suggestions, main content is:clear exercise object, the underwriter can also be for the state organs exercise the right of subrogation; Based on the principles of compensation will be reclassified to an insurance contract, in order to enlarge the applicable scope; To properly handle the subrogation rights conflicts with the compensation claim to exercise; We should improve judicial proceedings and so on. Through the body of the four parts to the study of right of subrogation, the purpose is to more fully understand the current problems existing in the practice of our country insurance, and by solving the practical problems for subrogation to maximize the system to play its proper role. The other scholars, this paper discusses and point of view, through the analysis of the problems, tofurther perfect our country the current insurance subrogation system, put forward their own opinions.