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对于代位求偿权在财产保险中的应用,我国《保险法》第四十五条至第四十八条做出了非常详尽的规定,明确指出保险人在财产保险中享有代位权。但是对于代位权在人身保险中的适用,《保险法》仅在第六十八条中做出了笼统的限制:“人身保险的被保险人因第三者的行为而发生死亡、伤残或者疾病等保险事故的,保险人向被保险人或者受益人给付保险金后,不得享有向第三者追偿的权利。但被保险人或者受益人仍有权向第三者请求赔偿。”该条款明确规定人身保险中,保险人不享有代位求偿权。
As for the application of subrogation right in property insurance, Articles 45 to 48 of China’s Insurance Law make very detailed stipulations, clearly indicating that the insurer has the right of subrogation in property insurance. However, as for the application of subrogation in life insurance, the Insurance Law only sets a general limitation in Article 68: "If the insured person of life insurance dies, becomes disabled due to the act of a third party or Illness and other insurance accident, the insurer shall not enjoy the right to seek recoveries from a third party after paying the insurance money to the insured or the beneficiary, but the insured or the beneficiary still have the right to seek compensation from a third party. Terms clearly stipulated in the personal insurance, the insurer does not enjoy the right of subrogation.