一、对海上保险代位求偿权范围的两种不同理解当立法在对代位求偿权有所限制的时候,往往规定代位求偿权“在赔偿金额的范围”内行使。人们往往认为海上保险代位求偿权的范围的含义再明确不过了,所以在探讨代位求偿权的范围时,并不对它的含义进行特别的辨析。然而,容易被忽视的是,对于这个含义,实际上可以有两种不同的解释:其一,可以被理解为保险人对造成保险标的损害负有赔偿责任的第三方之索赔求偿的请求的数额范围,即以赔偿金额为请求额的范围;其二,也可以被理解为保险人从造成保险标的损害负有赔偿责任的第三方获得赔偿的数额范围,即以赔偿金额为所得额的范围。当保险人的代位求偿权与被保险人对第三人的求偿权同时存在,而第三人的赔偿额又不足以同时满足两者的权利时,就涉及第三人的赔偿 I. Two Different Understandings of the Scope of Subrogation of Maritime Insurance When legislation limits the subrogation right, subrogation often stipulates that subrogation should be exercised within the scope of the compensation amount. People often think that the scope of subrogation of maritime insurance means that the meaning of subrogation is not clear, so in exploring the scope of subrogation, it does not make a special definition of its meaning. However, it is easy to overlook the fact that there are actually two different interpretations of this meaning: first, a claim that can be understood as a claim by a third party who is liable for damages by the insurer The scope of the amount, that is, the amount of compensation for the scope of the request; Second, it can also be understood as the insurer from the insured cause of the damage compensation liability of third parties to receive compensation for the scope of the amount, that is the amount of compensation for the scope of income . When the insurer’s subrogation right and the insured person’s third party’s claim exists at the same time, and the third party’s compensation amount is not enough to satisfy both the rights at the same time, the third party’s compensation