试论保险代位诉讼及其效力体现

On the Insurance subrogation and its Effectiveness of expression

保险代位制度作为现代保险法中债的实现方式,为保障被保险人利益创设了新的救济途径。保险代位一般要通过提起代位诉讼的方式实现。保险代位诉讼不同于普通的民事诉讼,法律关系复杂且触及到若干民事诉讼的核心理论问题,如诉权理论、当事人理论等,需从理论上加以廓清。深入探讨保险代位诉讼,对于落实保险代位制度,解决保险实践中的争议,丰富民事诉讼理论均具有重要意义。

As a method of debt realization , the insurance suhrogation created a new way to protect the insured benefits. The realization of insurance subrogation has to come from the litigation way. The insurance subrogation litigation is different from common civil litigation. The law relations are complicated and touched some core theory problems of civil litigation, for example, the litigation right theory, the party theory , and so on. It has to expurgate in theories. Studying the insurance generation litigation have great significance to carry out the insurance generation system, to solve the controversy in the insurance fulfillment, to enrich the civil litigation theories.