Research On Creditor Subrogation Rights System

Creditor subrogation is the right that creditors can exercise the rights belonging to the debtor with their own name,so that to preserve their claims. In order to strengthen the protection of creditor claims and maintain a good market economic order, Our "Contract Law" recognized the right of subrogation on the basis of learning experience on the preservation of claims from Civil law. However, the system's actual role in the application appears to be quite unsatisfactory, did not reach its initial hopes for legislators. I believe that our current system of subrogation there still exist some problems, Such as legal status of the parties in the subrogation litigation is not clear, the provisions of the effectiveness of the exercise of subrogation of creditors is not unclear,subrogation object is too narrow, procedural law is inconsistent with the provisions of substantive law,so that limiting the role of the right of subrogation full.This right of subrogation to the creditor for the study, on the basis of the study of the conservation status of subrogation In Western countries, Combine with our country's legislative and judicial status, Carrying out a preliminary study on the objects, components, exercise, and the effectiveness of creditor subrogation. Meanwhile, Carrying out a preliminary analysis on the Subrogation litigation. In addition, to benefit for the future work of the China's Legislation of creditors subrogation, putting forward some relevant legislative proposals according to my understanding. Besides the introduction, the paper is divided into seven sections on the right of creditors subrogation discuss relevant issues.The First Part:Creditor subrogation rights system overview. Briefly introduced the history of evolution, value, and the nature of creditor subrogation rights system.The Second Part:The object and the elements of the right of creditor subrogation. The object of the creditor subrogation is one of the important content of the creditor rights system. This section analyzed the object of the creditor subrogation in depth from three repects, including the private law rights,public law rights and not subrogation rights.The elements of the right of creditor subrogation should include the following:First, the legitimate claims and liabilities must existed between creditors and the debtors; Second, the debtor must have rights of third persons; Once again, to the debtor into a delay; In addition, the debtor fails to exercise their rights, led to claims of creditors have the risk can not be achieved.The Third Part:The exercise of subrogation rights and the subrogation litigation.Carrying out the briefly discuss of subject of the exercise,the exercise mode, exercise limit of creditors subrogation rights.The effectiveness of the exercise of subrogation rights, involve the validity of creditors and other creditors, the debtor's effectiveness and the effectiveness of the sub-debtor. Described the subrogation litigation from five aspects,including subrogation nature of the proceedings, the creditors under the jurisdiction of subrogation litigation, the parties and their legal status, the burden of proof, and the scope of res judicata.The Fourth Part:Improvement of creditor rights system in China.On the basis of the in-depth analysis of the necessity and feasibility of the legal protection mechanism of the right of creditor subrogation,combined with the China's legislation status, put forward some simple ideas so as to further improve the China's legislative work of the right of creditor subrogation in the future.