On The Right Of Subrogation System

This article, firstly in its comments on how the right of subrogation come intobeing, clarify its regulate and foundation of law. Secondly discuss its scope, insurercan exercise the right of subrogation in the limit of compensation. On the analyses ofwhether the right of subrogation is fit for property insurance only, the provisions ofindemnitying by subrogation in current insurance law are improper, for my part, inaddition to property insurance, accident insurance and health insurance ought to beapplied to, at least in some way, indemnitying by subrogation. And then discuss therule of exercising right of subrogation, it has different effect on the insurer, theassured and the third party. The insurer is entitled to sue the third party in his ownname;the assured still enjoys the right to sue the third party on the loss not to be paidby the insurer and bears the responsibility to help the insurer exercising thesubrogation right;the influence to subrogation right on assured give up creditor'sright of third party. Finally discuss restriction of subrogation right, on subject, insurercan't exercise subrogation right to assured's family member and its entity member, onthe effectiveness of time, insurer ought to enforce its consciousness of effectiveness oftime on exercising subrogation right.The paper indicates the current and forthcoming question in practice and thedefects of legislation in insurance and marine insurance, and then expresses someopinions of making perfect of the system of right of subrogation of our country.