Research On The Application Of Insurance Subrogation Rights In My Country

This paper chooses three related issues about the application of insurance subrogation system in China.One,whether the scope of application of insurance subrogation system can be expanded;Two,how to identify the restricted object of application of insurance subrogation system;Three,how to apply insurance subrogation system in several special situations.Firstly,the paper outlines the applicable conditions and value of insurance subrogation system in China,and focuses on three prominent problems in the application of insurance subrogation system in China.The solutions of these problems are discussed in three chapters.Secondly,the paper discusses whether and how to expand the scope of application of insurance subrogation system in China from both theoretical and practical levels particularly.The author focuses on the practice of the Shanghai Higher People’s Court in 2010 in "Solutions to several questions concerning trial of disputes over insurance subrogation system(Ⅰ)",agrees that the scope of application of insurance subrogation system in China should be extended to the both possibility and necessity of partial life insurance.Thirdly,combined with the latest "Explanation of the several questions concerning insurance laws of the People’s Republic of China(4)" issued by the Supreme Peopled Court in September 2018,this paper discusses the criteria for identifying the restricted object of insurance subrogation system in China theoretically and practically,which contains the family and composed members of the insured.The "composed members" refers to the members of the insured who form a common economic interest relationship with the legal person,and the "family members" refers to the members of the insured who form a common economic interest relationship with the natural person.Finally,this paper explores the specific application of insurance subrogation system in two special situations tentatively.One is the case where the insured disposes of the third party’s claim for compensation;the other is the case where the insured’s claim for compensation conflicts with the insurer’s insurance subrogation system.This paper takes the application of insurance subrogation system in China as the research object,and deeply discusses three problems of the application of insurance subrogation system in China,namely,how to expand the scope of application,how to restrict the object of application and how to apply in special circumstances,in order to benefit the theory and practice of insurance subrogation system in China.