On The Right Of Insurance Subrogation

The right of subrogation is an important system in the law of insurance,"insurance law"of China’s sixtieth article gives the right to request the insurer, the insurance law judicialinterpretation in2013two to further clarify the insurer subrogation in the name of the insurershall exercise his. In recent years, with the continuous improvement of the market economy,the development of the insurance industry, the insurance subrogation system is used more andmore widely. However, this system has many difficulties in practical application, for example,according to the existing laws and regulations, the right of insurance subrogation applies onlyto the field of property insurance, many scholars advocate the application in the life insurancefield; analysis of the exercise of subrogation exercised object type, according to the specialhandling; specific cases of disputes over jurisdiction disputes etc.. This paper will combinethe relevant academic point of view, in-depth analysis and case study, put forward effectivesuggestions, in order to fully compensate for the interests of the insured and the insurer, theprotection of claim for compensation to the third party infringement of rights, and avoid theinsured repeated refusal, standardizing the insurance market, and promote the healthydevelopment of the insurance industry. The first part of the article is an overview of insurancesubrogation, mainly is the interpretation of the concept of insurance subrogation system andcomponents, comparison of insurance subrogation and subrogation, subrogation, subrogationtheory and function positioning. The right of subrogation in civil law is based on the debtor’screditor’s rights transfer to the creditor’s rights, the principle of indemnity in the fair principleof the civil law and insurance law is the right of insurance subrogation two foundation,China’s insurance law only provides for the field of property insurance, with compensationfunction. The second part is the analysis of the right of insurance subrogation of comparativelaw, Anglo American legal system, insurance law in continental law countries about the rightof subrogation, and what China can use for reference from. The third part mainly is theexercise of the right of subrogation, according to the existing legal provisions of the insurancesubrogation exercised object does not include insured members of the family and its members, but the members of family members, including what personnel, for the insured, the insuredand the state and how to determine? The insured shall not preserve any impact on theinsurance subrogation right? In addition, the exercise only developed in the propertyinsurance has restricted the right of subrogation and implementation. How to exercise theright of subrogation of double insurance, reinsurance situation? The right of insurancesubrogation to exercise prescription to determine how? And what are the jurisdiction of thecourt? How to deal with when the third funds are not filling or other circumstances lead to theinsured claims and insurance subrogation when there is a conflict? The real problem in theapplication of the exercise of the right of insurance subrogation has many questions. Thefourth part put forward the feasible suggestions to solve the actual problems of the third part.The main is to clear the object, strengthen exercise preserved, perfect litigation obligationinsurance, insurance subrogation to extend the scope of application, repeated insurancesubrogation reinsurance rules, the exercise of the right of subrogation rule, establish theinsured priority, competing with the principle of distribution, Innovation and guarantee theright of subrogation in insurance subrogation exercise independent, the system of joint action,to strengthen the insurance subrogation professional team construction.