| In our country’s current "Insurance Law",the insurance subrogation system is only applicable to property insurance,but not to personal insurance.This provision has aroused controversy in both theory and practice.The contradiction between legal regulations and theoretical and practical tendencies hinders the further development of the insurance industry.This article chooses the insurance subrogation system as the research object,trying to find a reasonable answer to the dispute about the application scope of the insurance subrogation system.The main body of this article consists of three parts: introduction,body and conclusion.The introduction briefly introduces the theme background,research methods and research ideas of this article.The main body is divided into four parts:The first part illustrates the different views of different courts on the question of whether the right of subrogation can be applied to personal insurance in practice by selecting representative judicial cases,leading to the research object of this article,that is,the question of the scope of application of insurance subrogation.The second part mainly displays the current main viewpoints about the scope of application of insurance subrogation claims,and analyzes different viewpoints,and finally concludes that the "partial application theory" is more reasonable.At the same time,it explains the current legal regulations of our country and evaluates the rationality of our country’s regulations through the observation of extraterritorial law.The third part analyzes the feasibility of the application of the right of subrogation in life insurance,combined with the current classification of life insurance in the "Insurance Law",and makes a specific analysis of whether different types of life insurance can be applied to the right of subrogation.The fourth part puts forward some practical suggestions for the improvement of insurance subrogation rights in the future,in order to provide useful help to the development of insurance subrogation rights.The last part of the concluding remarks made a simple summary of this article,and concisely expounded one’s own point of view. |