析“交强险追偿权”非保险法之代位追偿权

The Right of recovery in Compulsory Traffic Insurance is not the Subrogation in Insurance Law

我国《保险法》设置了代位求偿制度,规定保险人赔偿后不得向被保险人及连带被保险人追偿,然而在交强险中却存在着保险人赔偿后向被保险人及连带被保险人追偿的情形。因其貌似于"代位求偿"又在《保险法》中无相应规定,往往被想当然地套用《保险法》代位求偿制度,致陷入以不得向被保险人或连带被保险人追偿的代位求偿制度为据向被保险人或连带被保险人追偿的悖论。

The system of subrogation is establish in the Insurance Law in China, which stipulates that the insurer, after compensating, can not recover from the insured or the related insured. While in the compulsory traffic insurance, there are circumstances where the insurer recover from the insured or the related insured after compensating. As it appears to be the ＂subrogation＂, but with no corresponding regulation in the Insurance Law, it is taken for granted to apply the system of subrogation in the Insur- ance Law. Thus a paradox is formed by which insurer recover from the insured or the related insured ac- cording to the system of subrogation.