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现行保险法律制度规定保险人享有代位求偿权从而使保险人无偿得到了代位求偿的这部分利益,这明显是利于保险人而不利于被保险人,是缺乏公平和不尽合理的,本文从保险费率的角度就这种不合理性做了分析,同时为了解决这种不合理性,通过调整保险费率的计算方法,来使代位求偿这部分利益实现在保险人和被保险人之间的重新分配,从而使投保人和保险人都获得公正的待遇,同时又不违背损失补偿原则。
The current insurance legal system provides that the insurer has the right of subrogation so that the insurer can obtain the subrogation of the subrogation at no consideration. This obviously benefits the insurer but not the insurant, which is unfair and unreasonable. At the same time, in order to solve this kind of irrationality, from the perspective of the insurance premium rate, we analyze the unreasonableness by adjusting the method of calculating the premium rate so that the partial benefit of subrogation can be realized between the insurer and the insured Redistribution between the insured and the insured so that all insureds and insurers receive fair treatment without losing the principle of loss of compensation.