保险代位求偿权制度的研究论文

Be sure subrogating right , be to have a long history in Insurance Law and have one important system of item of characteristic alone as well , having been what every country insurance legislation and judiciary system accept and become gradually marine insurance relevance affair's commonly in the instantly core one of system. That rights and interests assignment says "the subrogation demand repays a certificate ", is to gain insurance compensating for Fu with bright assured , transfers it's the right small advantages demanding compensation to third people to and assurer's written voucher. There exist very big dispute in theory boundary's character and effect about rights and interests assignment , there is scholar regarding it being each other contradictious responding to put up the basis that rights and interests assignment asks to fulfill right as exercising a subrogation, but the of course subrogation doctrine that this one viewpoint and our country adopt. The author middle, has applied "parallel analysis law to" the thesis , has contrasted with being hit by English both countries difference buying insurance the subrogation demand repays right regulation aspect in marine insurance. Have applied "case analysis law " at the same time , have listed three case having representativeness, character and effect expounding rights and interests assignment. The author thinks that this has once rather in dealing with rationality and necessity that our country uses to rights and interests assignment when on the dispute problem, should pay attention to drawing a clear distinction between rights and interests assignment and being sure that the subrogation seeks the relation between fulfilling right: Rights and interests assignment does not play role during the period of rights and interests assignment coincides with to being sure that the subrogation demand fulfills right completely, should instruct an insurance company to stop using rights and interests assignment; But think that the assurer has not got the subrogation demand fulfill right, get or a part when the subrogation demand fulfills right , concluding and signing corresponding rights and interests assignment now is really having the necessary act.标准人工翻译、、希望可以帮助你、

The safety belt position power, is an important system which in the law of insurance the history glorious and is characteristic, already accepted and becomes one of gradually generally marine insurance related business's core systems for immediately various countries' insurance legislation and the judicial system institute. The rights and interests transfer book said that “a generation of position asks to recompense the certificate”, is stipulated that the insured obtains the insurance payment, and shifts correspondingly it to the third person of seek redress's right to insurer's written certificate. the theorists about the rights and interests transfer book's nature and the function existence very great dispute, some scholars thought that should write up the rights and interests transfer book achievement to exercise a generation of position to ask to recompense the power the basis, but this viewpoint and our country use certainly the generation of position principle contradictory. In the paper, the author application “the comparison analytic method”, contrasted China and UK to ask in the marine safety belt position to recompense the power stipulation aspect the difference. Simultaneously applies “the case analytic method”, enumerated three to have the representative case, the exposition rights and interests transfer book nature and the function. the author believed that when involves to our country this has in the dispute question regarding the rights and interests transfer book use's rationality and the necessity, should pay attention distinguishes clearly the rights and interests transfer book and the safety belt position asks to recompense between the power the relations: When the rights and interests transfer book and the safety belt position asks recompenses the power closely coincide, the rights and interests transfer book cannot rise together simultaneously the function, should order the Insurance company to stop using the rights and interests to transfer the book; But when the insurer has not obtained a generation of position to ask to recompense the power, or only obtains a part generation of position to ask to recompense temporary, this time signs the corresponding rights and interests transfer book is the necessary action.

个人觉得第一个好一点，因为在这块儿要写的很多，包括和现状、（有政府在扶持）趋势、（和国际接轨），一旦政府放开保险市场，中国的保险公司如何面对.... 应该好写一些的，对吧？

6我国公众责任保险研究