The Ownership Of The Result Of The Creditor's Enforcing The Subrogation

As one of the measures to save the creditor's rights,the creditor's subrogation is comparatively perfect in France,Japanese etc. However, it emerged in our country very late,we didn't fetch it in until we established uniform contract law in 1999. As the Contract Law's rules were too fundamental and the explanation of Contract Law from the Supreme Count broke through the traditional theories of civil law,some problems in theories and practices have not been solved well and needed to amend urgently. Especially the ownership of the result of the creditor's enforcing the subrogation, our country has adopted the " subrogation being discharged firstly " in the Contract Law, and has denied the " doctrine of collection Regulatory ". The original system totally was broken and replaced by realization of the creditor's rights. On the base of our market economy developing, the text analyses the rationality of the "doctrine of collection Regulatory"in terms of theory and practice and refutes two kinds of other theories –the " subrogation being discharged firstly " and the " averagely distribution in the oblige " , in order to propose the legislators to consider stability and long period of time of legislation and resume true colors of creditor's subrogation system. In order to play fully creditor's subrogation and meet demands of reality, it put forward some suggestions to make the "doctrine of collection Regulatory"more perfect. The full text is divided into two parts altogether the preface, and it's subject part is divided into four chapters. The first chapter is summary. Introduced the meaning in which creditor's subrogation system produces mainly, and the countries and regions'relevant situations, and discussed that the affections out of which the subrogation is enforced on creditor, sub 一obligor and obligor in the part. So it drew the conclusion that we should choose the "doctrine of collection Regulatory ". The second chapter analyses the reason that our legislation should adopt the "doctrine of collection Regulatory ". And On the basis of criticizing the " subrogation being discharged firstly " and the " averagely distribution in the oblige ", it analyses the rationality of the " doctrine of collection Regulatory " from four respects of legal principle , creditor's rights , economics and realistic meaning. The third chapter ", founding the need of market economic development and objection of it, analyses the weak point of the " subrogation being discharged firstly " and the foreign experience, and put forward the concrete suggestion of perfecting it. The fourth chapter make a summary to the view and main content of the full text.