The Subrogation Right Of The People Involveed In The Arbitration Proceedings To Explore

China's current law, the right of subrogation can be achieved through litigation of its right of subrogation, the law provides the beginning has indeed solved the debt default, debt and other issues in the chain has played an important role. However, with the rapid development of market economy, the emergence of right of subrogation can not successfully to achieve their rights through litigation phenomenon, that is, between the debtor and the debtor plays an arbitration agreement or arbitration clause, in this case, because our country is not related to the law, judicial practice and the practice of arbitration practice varies. Therefore, the question as to whether the subrogation right of people involved in the arbitration to the debtor and the third-party arbitration between the sub-debtor to achieve their rights and interests and become a worthy in-depth study.In this paper, the subrogation right of our concepts, characteristics and elements in the establishment and arbitration functions of the nature and basic knowledge on the basis of a simple statement, in line with the theory and practice of combining research methods, from the arbitration agreement and contract theory, the relative effectiveness of expansion theoretical point of view of two of the exception discussed come to the arbitration agreement binding the subrogation right of the human condition, these points constitute a right of subrogation of people involved in the theoretical foundation for the arbitration proceedings. On China's existing laws concerning the right of subrogation obtained under the analysis of the defects, indicating the right of subrogation under the law operability is not strong, therefore, need to perfect the subrogation right. I learn from domestic and international arbitration rules and arbitration legislation, advocates in China to establish a system of arbitration and a third person as a right of subrogation against a third person to participate in the arbitration proceedings conducted a simple program settings, making the subrogation right of people to third party arbitration capacity to participate in the arbitration proceedings to protect the subrogation right of people to timely and effective maintenance of its own interests.Therefore, in between the debtor and the time the debtor the terms of the arbitration agreement or arbitration, the subrogation right person to arbitration as a third person may intervene in the arbitration proceedings between them and safeguard their own legitimate rights and interests.