保险代位权与委付都是保险中与赔偿有关的问题,而且两者的适用都会导致保险标的所有权的转移。因此,在保险实务中,人们经常将两者混淆起来,甚至认为两者是同一概念的不同表现形式。实际上,两者是分离的、不同的两个概念,无论在理论上还是在实务中,两者都有着本质的区别。保险代位权是指保险人按保险单的规定赔付被保险人的损失后,在保险金额限度内,以被保险人的名义,代位行使被保险人向造成损失的第三者请求损害赔偿的权利,且在 Insurance subrogation and assignment are all issues related to compensation in insurance, and the application of both will lead to the transfer of the ownership of insurance. Therefore, in insurance practice, people often confuse the two, and even think that they are different manifestations of the same concept. In fact, the two are separate. The two different concepts are essentially different in theory and in practice. Insurance subrogation refers to the insurer in accordance with the provisions of the insurance policy to pay the insured losses, within the limits of the insured amount, the insured person’s behalf, the exercise of the insured person to the third party who caused the damage claim the right to damages , And in