保险代位求偿制度是保险法领域中古老而独具特色的法律制度。虽然该制度在长期发展过程中,已经自成一体,但它又是保险理赔制度与民商法代位权制度相结合的产物,仍然适用民法的基本原理。因而笔者试图从民法的角度探求和审视该制度,以求从更深层次领会其立法要旨,并更好地服务于司法实践。 Insurance subrogation system is an ancient and unique legal system in the field of insurance law. Although this system has been integrated in the long-term development, it is a product of combining the insurance claim system with the subrogation system of civil and commercial law, and still applies the basic principles of civil law. Therefore, I try to explore and examine the system from the perspective of civil law in order to understand its legislative essence from a deeper level and to better serve judicial practice.