A Study On Subrogation Performance System

Subrogation performance, as a special performance system, is more perfect in some developed countries. In our country, however, the system has been established only within about ten years. The study of theory circles on it is still weak. In addition, many scholars think that the performance system itself has not enough theory problems to research, so as to attach little importance to it. The situation results in the low use rate of subrogation performance in practice, if any, in the bad effect because of having no theory direction. This doesn't match to the economy's rapid progress in our country. Our economy is going into the better cycle little by little with a high and steady growth rate. There are more and more subjects of activity, the communication among whom will be more and more complicated, and each of who can be the others' creditor and debtor at the same time. On the base of the more complex economic relation, subrogation performance is showing the more and more important practical value.Just because of the realization mentioned above, this paper tries to give a relatively comprehensive research to subrogation performance based on Chinese reality.The pager consists of six sections.The first section: foreword. In this section, pointed out are the significant sense of subrogation performance in the nowadays society with complicated economic connection and the thought way of this paper.The second section: the basic realization to subrogation performance system. By the examination to three different history periods, it is discovered that, only in the appropriate economic condition and law environment, can subrogation performance system be improved and perfected; By the cooperate and analysis of several views to subrogation performance's nature, it is defined that subrogation performance belongs to the safeguard performance measure, which can clear the subrogation performance's position in the legislation; In this section subrogation performance's social function is also pointed out while it is pointed out that subrogation performance is not the medicine healing any ill and that the too high expectation is similarly not factual. Finally, in this section the problem— the interest protection inclination of subrogation performance—is discussed, which makes it clear not to hurt theothers' interest while protecting the creditor.The third section: the relation between subrogation performance and subrogation right. In the nowadays, there is no scholar who has compared and researched the problem. The section begins with the discussion of two systems' legislative model and the more detailed discussion is given to the distinction of two systems and how to coordinate them, which makes the basis for improving the condition and procedure of subrogation performance.The fourth section: subrogation performance's condition of being used. Though subrogation performance's initiation presupposes performance's initiation-no performance, no subrogation performance— they don't initiate in the same time. The creditor may start a subrogation performance only according to some especial conditions. The law gives creditor the right to initiate the subrogation performance just for protecting his credit and in the mean while prescribes some conditions just for protecting the third parties.The fifth section: the procedure of subrogation performance. In this section with reference to the foreign legislation and connection with our country's reality, the preceding research result is used into the practice, that is, the subrogation performance's procedure design is given the new examination. Accordingly. Some new views are also brought about, for example, the one that distress procedure should be enacted in the designed procedure of subrogation performance. And some actual problems are analyzed and some proposals are put forward.The sixth section: the concluding remarks. In this section, the paper's research result is generalized and looked forward to the future.