保险代位权制度的几个问题及完善

Suggestions for Perfecting the System of Insurance Subrogation

传统观点认为保险代位求偿权仅是财产保险中的一项重要制度,文章则认为,保险代位求偿权不应仅仅局限于财产保险,其适用的范围应是损害保险———即包括财产保险和人身保险中有损害填补性质的保险。我国保险法对于保险代位求偿权的规定并不完善,实践中出现诸多问题,鉴于此,文章试图探求保险代位求偿权的真正内涵,重点阐述现行立法有关保险代位权规定中存在的问题,并提出相关完善措施,以期对完善我国保险代位求偿权制度有所参考。

Traditional point of view thinks that the right of insurance subrogation is in property insurance only. However, this pa- per argues that the right of insurance subrogation should not be confined to property insurance . Its scope should be damage insurance. Damage insurance including property insurance and the insurance with damage compensation in life insurance. China＇s Insurance Law on insurance subrogation provision is not perfect. There are many problems in practice. So this paper attempts to explore the true meaning of the right of Insurance Subrogation and focus on the problems in current insurance law legislation on right of Insurance Subrogation, and put forward relevant measures to improve, which is hoped to have some reference function to the perfection of the right of insurance sub- rogation system