Question

论文摘要在线翻译

内容摘要

保险代位权,是保险法中历史悠久而又独具特色的一项重要制度，现已为当下各国保险立法和司法体系所普遍接受并逐渐成为海上保险相关事务的核心制度之一。权益转让书又称“代位求偿证书”，是载明被保险人获得保险赔付，并将其向第三人要求赔偿的权利相应转移给保险人的书面凭证。
理论界关于权益转让书的性质及作用存在很大的争议，有学者认为应以出具权益转让书作为行使代位求偿权的依据，但这一观点与我国采用的当然代位主义相矛盾。在论文中，笔者应用“比较分析法”，对比了中英两国在海上保险代位求偿权规定方面的差异。同时应用“案例分析法”，列举了三个有代表性的案例，阐明权益转让书的性质与作用。
笔者认为，在涉及到我国对于权益转让书使用的合理性与必要性这一颇具争议的问题上时，应注意分清权益转让书与保险代位求偿权之间的关系：在权益转让书与保险代位求偿权完全重合时，权益转让书并不起作用，应责令保险公司停止使用权益转让书；而当保险人未取得代位求偿权，或只取得部分代位求偿权时，此时签订相应的权益转让书才是有必要的举措。

关键词：保险代位求偿权；当然代位主义；请求代为主义；权益转让书

Answer 1

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、

Answer 2

Abstract

Insurance subrogation, insurance law is a long history as an important and unique system, all countries now present the insurance legislation and generally accepted by the judicial system and gradually become marine insurance related matters, one of the core system. Transfer the rights and interests, also known as "subrogation certificate", is set out in the insured person to obtain insurance and to the third party the right to seek compensation for the corresponding transfer to the insured person a written certificate.
Theorists on the nature of the rights of transfer and the role of the existence of considerable controversy, some scholars believe that the rights and interests should be issued as the exercise of assignment right of subrogation is based on, but the point of view of course, with our use of contradiction and subrogation. In the paper, I applied, "A Comparative Analysis of Law," in contrast to the British marine insurance subrogation right differences. At the same time, the application of "Case Analysis", gives three representative cases, clarifying the rights and interests of the transfer of the nature and role of the book.
The author believes that in relation to the rights and interests of our country for the transfer of the reasonableness of the use and necessity of the rather controversial issue, attention should be given an assignment to distinguish between the interests of insurance subrogation and the relationship between the right: In the interests of the transfer of books and insurance Subrogation entirely coincidence, the rights of transfer and does not work, should be ordered to transfer the rights and interests of insurance companies to stop using the book; and when the insurer did not obtain the right of subrogation, or only had partial subrogation the right to enter into the corresponding assignment of rights and interests of the initiatives is the need.

Keywords: Insurance Subrogation; course subrogation doctrine; the request on behalf of Marxism; the rights and interests of transfer

Answer 3

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.

Answer 4

等会儿啊，我现在忙，完了帮你翻译。