我国的《保险法》第四十四条规定:“因第三者对保险标的的损害而造成保险事故的,保险人自向被保险人赔偿保险金之日起,在赔偿金额范围内代位行使被保险人对第三者请求赔偿的权利。”但是,被保险人处于何种法律地位,法律并无明确规定。在司法实践中,有人主张被保险人应成为共同原告或第三人,并拥有相应的权利和义务。笔者认为,证人才是被保险人法律地位的恰当反映。 China’s “Insurance Law,” the forty-fourth article states: “Because of the third party to the insured subject of insurance caused the accident, the insurer from the insured person to pay the insurance date, the amount of compensation within the scope of the subrogation was The insurer has the right to claim for compensation from a third party. ”However, the legal status of the insured is not clearly defined by law. In judicial practice, some people claim that the insured should become a co-plaintiff or a third party and have the corresponding rights and obligations. In my opinion, witness is the appropriate reflection of the legal status of the insured.