| In the light of consideration for time limitation of action of subrogation in marine insurance, the writer tried to deeply research its theoretical basis and value so as to achieve the balance of insurer, insured and the third party and ensure the order, fairness and efficiency of litigation prescription system. In order to provide better guidance for judicial judgment, the writer also tried to discover and clarify existing controversy and problems through study above combined with compare analysis, on the basis of which our system could be further improved.Based on the academic works, academic journals, the legislative resources and other resources, the writer carried out detailed comparison on subrogation and litigation prescription between continental law system and Anglo-American law system. The writer summarized the regularity and direction of legislation and rationally put forward the following opinions(including but not limited): litigation prescription in Maritime Law should apply to the subrogation in marine insurance in China; the start of litigation prescription of subrogation in marine insurance should not be the date that insurer could be subrogated to third party; insurer’s leading will not interrupt the time limitation of action under the condition that insured has initiated legal proceedings; there exist omissions on the issue of legislation concerned with supplementary provisions of interruption of maritime litigation prescription and starting after interruption.The writer made above conclusions through two aspects one of which is the response to the controversy and another one is suggestion. Through the two approaches, the writher believed that some existing problems would be solved and deficiency of litigation prescription of subrogation in marine insurance would be improved. |
