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针对保险代位制度的存废之争,本文从法理学、民法学、保险法学三个方面探析了它的理论渊源和存在价值。首先,保险代位是法的公平与效益价值的要求,也是公平与效益价值的体现。其次,文章否定了“保险代位的民法基础是不真正连带债务”观点,提出保险代位制度是民法代位制度在保险法领域运用和延伸的观点。最后,保险代位是对保险法损失补偿原则的贯彻。
Aiming at the dispute of deposit and disuse of insurance subrogation system, this paper analyzes its theoretical origin and existent value from three aspects: jurisprudence, civil law and insurance law. First of all, the insurance subrogation is the requirement of the fairness and effectiveness of the law, as well as an indication of the value of fairness and effectiveness. Secondly, the article negates the viewpoint that “the subrogation of civil law is not really joint and several liability”, and points out that the insurance subrogation system is the viewpoint that the subrogation system of civil law is applied and extended in the field of insurance law. Finally, the insurance subrogation is the implementation of the principle of compensation for loss of insurance law.