Research On The Legal Problems Of The Exercise Of Insurance Subrogation

With the development of economy and society and the improvement of peopleundefineds living standard,insurance plays a more and more important role in social life,and the scope of insurance object is more and more wide.As an important system in insurance law,the right of subrogation of insurance has an important influence on the development of insurance industry.When the insurance accident occurs because of the third party,the insurance company has the right to recover the liability from the third party after indemnifying the insured.Through this system,we can make up for the loss of the insured,prevent the insured from getting profits improperly,punish the third person who bears the responsibility,raise the consciousness of responsibility and promote the social justice and harmony.Insurance industry has been developing for a short time in our country,and the right of subrogation has come into being so far.After several amendments to the Insurance Law,the existing legal system can not meet the needs of judicial practice.Because of the loopholes in the legal provisions,there are often conflicts in the practical application;There are also some disputes about the system of subrogation,such as the scope of application of the right of subrogation,the applicability of this system during the limitation period,and a series of problems in the exercise of the right of subrogation,and so on.Different scholars have different views.The regulation of this system in Chinese law is so general that it causes a lot of confusion in practice.If these problems are not solved in time,it will seriously hinder the development of insurance industry and reduce peopleundefineds trust in insurance.Through the systematic study of this system,combining with the problems in the insurance practice,and taking the legal regulation of the insurance subrogation right as the main line,this paper tries to solve the puzzles in the practical application,so as to perfect the insurance subrogation claim system better.This article is divided into five parts:the first part: an overview of the right of subrogation of insurance,introducing the legal provisions of the right of subrogation of insurance,comparing with the legal provisions of Maritime Law,and the understanding of this system by different scholars.The author leads to his own point of view,indicating that the existing legal provisions stillneed to be improved;Then from its legal attributes,it leads to the theoretical basis of the right to subrogation,discusses the legitimacy and legal basis of this system,and finally introduces the applicable limits of the right to subrogation,with emphasis on the scope of application,the object and the limitation period.;The second part introduces the relevant elements of the right to exercise subrogation,including the exercise conditions,the exercise of the name,the exercise object,through the comparison of different countries and the analysis of different scholars,to form the authorundefineds own point of view;The third part including the immunity of the insured and the waiver of the subrogation of the third party by the insurer.The emphasis is placed on the influence of the insuredundefineds right of disposition compensation claim on the right of subrogation in different period of time.The fourth part introduces the conflict and resolution between the right of subrogation and the right of claim for direct damages,that is,after the insurer pays the insurance money,the insured still enjoys the right of claim for damages against the third party.However,when the property of the third party is not sufficient to pay the insurer and the insured at the same time,who is given priority to the indemnity;The fifth part introduces the obligations of the stakeholders of the right of subrogation of insurance,mainly related to the judicial review in the process of the claim and the obligation of the stakeholders to assist in the recovery.The author hopes that through the study and discussion of the system of insurance subrogation,the author can bring some humble opinions for the perfection of this system in our country,and finally realize the good wish of promoting the development of insurance industry.