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保险代位权与再保险之间究竟是何种法律关系存在严重分歧,主要因我国保险法并未明文规定。厘清双方法律关系的理论基础,以及明确再保险人行使保险代位权的方式,对再保险大有裨益。
There is a serious disagreement between the legal subrogation and reinsurance, which is mainly because China’s insurance law does not expressly stipulate. Clarifying the theoretical basis of the legal relationship between the two parties and clarifying how the reinsurer exercises its insurance subrogation right will be of great benefit to reinsurance.