Research On The Subrogation Of Litigation

Creditor right as a civil subject of important civil rights, one of the main characteristics is relative, meaning that creditor right can only limit the debtor rather than the other people mainly for the protection of transaction freely between the two sides, so that other individuals or enterprises are not subject to the constraints of their agreement. However, in actual economic life, there is usually at much the debtor liabilities after trying to escape debt, abandon or not to exercise their due for the third person creditor, leading to a creditor's claim difficult to achieve. It has greatly damaged the economic life of the transaction security . This problem should be solved by breaking the principle of debt relativity to become a natural choice of law so that he would have had the system of a subrogation right. Therefore, many countries have established the system of the subrogation right in the substantive law to protect creditors. "Contract Law of People's Republic of China" in 1999 also provides for the subrogation right system. The system is too concerned about the right of creditors so that its procedural mechanism have been neglected. However, the subrogation right, after all, as a substantive law on the rights its content and value are usually realized by proceedings. In this paper, except for the introduction and conclusion, the body is composed of three parts on the right of subrogation litigation from both theoretical and operational aspects, the following major elements:Partâ… , an overview of the subrogation right system. First of all, the author introduces the meaning and origin of the subrogation right, the emergence, development, as well as for the subrogation right system at the specific circumstances of our country make a brief note. Secondly, makes an analysis about characteristics of the subrogation right Established the system of the subrogation right from the significance of theoretical and practical significance of two aspects discussed. Third, the author analyzes the nature of the right of subrogation for having a correct understanding. Finally, it is the introduction of ways of the subrogation right.Partâ…¡, First, the author defines the concept, make an analysis of the elements of litigious subrogation right. The author compares the litigious subrogation right and the general litigious right .The author analyzes their difference. The author analyzes how to handle the problem of the litigious subrogation right and the general litigious that exsist at the same time. Second, the authors explores litigation status, rights, obligations of the creditor, debtor and the other debtor at litigation subrogation right. Third, Authors explain the definition of objection of action and its doctrine. Because of the complexity of legal relationships, parties were also discussed at the right of subrogation litigation. Fourth, the authors focus on both subjective and objective aspects of its scope of validity of matter adjudged.Partâ…¢, improve the right of subrogation litigation system in our country from proceedings. At this, about some problems mentioned on the front, the author gives some his proposals of the subrogation right in proceedings from theory and practice problems.This paper uses historical research methods, comparative analysis of methods and the sociology of law ways analyzes subrogation right. By discussion and analysis of subrogation litigation ,the author has a relatively comprehensive understanding and grasp for subrogation right of our country. At the same time the author hopes to improve the system of the subrogation right in proceedings.