Study On Several Issues Of Subrogation In PRC Contract Law

China's textlized regulation about the agent right system breaks through the regular discipline for making a law of stipulating the guard system to debt law, which is an innovation in making law. Especially after the establishment of the creditor's agent-right and cancellation-right system, ( in the "contract law" the 73rd and the 74th items), which enabled the perfection of the debt system in the civil legislation, and credited great magnificence to the legislation and judicature of the debt law and contract law.Therefore, it's necessary for us to emphasize several problems in the agent right system of our contract law, which should be done at the same time with the study of the traditional agent-right theory of civil law.Firstly, the essay explicates the general knowledge on agent-right, and the concept of agent-right in china's contract law. It also makes a primary exploration on the lawful features of the agent-right. As to the concept of the agent-right, the civil law's theory mainly explains it from the maintaining of debts. This kind of understanding is easy to neglect some problems, such as the broadness of the extension of the agent right's nonego, the unclearness of the executive necessities of the agent right, the executive consequence of lack of right and fails to explain fully the complete meaning of agent right in present law in china. According to the 73rd item in the contract law and the administrative explanations concerned of the Supreme Court, the essay indicates that the agent-right regulated by china's contract law means that the debtor brings damages to the creditor because of his delay in performing the obligation to the third person's claim. In order to insure the realization of the creditor's right, the creditor can sue to the people's court or apply for judication to the judiciary agency on behalf of himself. The agent debtor has the right to acquire the intents of the payment for the third person and the result belong to himself directly. Its lawful feature is characterized by the agent right, compensation and balance. Secondly, the essay discusses the problems about the nature and function of the agent right. For the nature of the agent right, the theoretical field can't come to an agreement. To summarize, there are five theories, they are: forming right, special forming right, the government right or powers and functions of forming right, the request right of debt and possibility right. After combining the new changes in our agent right system and the recognition of the agent right in the civil law, we think that the agent right in our contract law is neither an intact form right, nor a debt request law, but a new type of form right combined with the features of the request law. If the effect of changing other's legal relation is not brought about according to his view when the creditor is performing his agent right, his aim of executing the agent right is not to change the legal relation among others. When the creditor is performing his agent right, there is no requirement for the obligator to perform special action, but it must be in accordance with strict legal conditions. When the creditor is performing the agent right, he doesn't request the obligator to perform a special action, but it must conform to a strict law condition. As a result, the agent right should be a special right. The main functions of the agent right are as follows: the function to pay off all debts, to ensure the normal movement of the market, to defend the justice and realize the benefits.Thirdly, the essay analysis's systematically the executive essencities of agent right. The execution for agent right must be in accordance with the essencities of entity and procedure. In view of the entity essencities executed by the agent right, first the execution of the agent right should have an existent origin right, which is lawful, and effective, it's the pre-requisite of the agent right execution. The agent right is the sub right of the claim. If there were no agent rights and debts betwee...