A Study On The Proceedings For Right Of Subrogation

The system of right of subrogation is a concept in civil substantive laws of continental law systems countries.It is until 1999 our country stipulated the system of right of subrogation in Contract Law that enacted in 1999,regarding as a substantive right as well.The proceedings for right of subrogation is one new lawsuit way which appears along with our country Contract Law consummation, the Contract Law to the creditor proceedings for right of subrogation power stipulation, has highlighted to the creditor the protection, has the significant positive significance. However any clause in substantive law always manifests as the general normative proposition,its content shall be manifested in the mean of one by one specific treatment of causes,the content and value of substantive law can gradually formed in the structure of general normative proposition merely upon the proceedings of contentious procedure.But, because the wrong thoughts of "think much of substantive law, make light of procedure law" have existed for a long time.This time Contract Law stipulates right of subrogation,but overlooks the procedural mechanism—proceedings for right of subrogation.And in fact in the courses of the fulfillment and exercise of right of subrogation,most problems occur in the aspect of procedure. As a new type of proceedings, the proceedings for right of subrogation invevitably never appeared in the past procedural practice. Not only may promote the substantive law smooth implementation to the proceedings for right of subrogation system research, simultaneously, also is to our country civil action theory supplement and the development.This paper tries to discuss and demonstracte some basic theoretical questions about proceedings for right of subrogation,such as its This article has first carried on the introduction to the proceedings for right of subrogation elementary theory, has discussed the generation of proceedings for right of subrogation goal, the nature characteristic as well as the value. Simultaneously also compared has studied the overseas main proceedings for right of subrogation system, profited from beneficial ingredient, and the union proceedings for right of subrogation basic theory, from the proceedings for right of subrogation lawsuit sign, the litigant suitable standard, the debtor status and so on disputed the comparatively majorproblem began, the discussion established our country proceedings for right of subrogation system the mentality and the concrete plan.Next,I acts according to the proceedings for right of subrogationthe characteristic, the union judicature solid service, emphatically elaborated the proceedings for right of subrogation point of order, causesit more convenient operation, practical is feasible.At last I mostly demonstrate the problem that why the creditors subrogation system in our country few be used. Through analyzing the related system,I think we should conform the creditors subrogation system and the forced implementation to the third person system, and I bring forward my own opinions about how to conform these two systems.