On The Exercise And Improvement Of Our Country's Creditor's Rights Of Subrogation Legal System

The system of the Creditor's Rights of subrogation is an important part of the civil laws.But there are still loopholes in the subrogation right of creditors in the legislative system.The judicial practice can not be applied in a very clear manner.This paper analyses four parts of our country's right of subrogation system pointing out the problems about subrogation right system in the legislative and judicial practice.By the analysis of the differences of subrogation right system between china an other countries, further improve China's right of subrogation system.Part I: Give a legal analysis on the system of the Creditor's Rights of subrogation.Briefly introduced the original shape of subrogation rights of creditors and its development history in China.At the same time, the nature of the system of subrogation right of creditors are analyzdeand come to a conclusion by it, as well as the subrogation right of creditors to exercise the legal effect of ownership compared to the "storage rules" theory of the plight of "equal repayment of the defect,"priority repayment rules" merits of a simple analysis.Part II: Make a detailed comparative analysis on the system of the Creditor's Rights of subrogation.Introduce the legislation of the representative countries or regions,such as France,Germany, Japan and China's Taiwan Province,and specially pay attention to a comparative analysis on the lawmaking features of France and Germany. And establish our right of subrogation system from other national legislation.Part III: Describes the present status and major legal issues of the system of the Creditor's Rights of subrogation.This part analyzes the flowing points: the legislative model, the object scope, the exercise of the legal effect of vesting, the debtor's legal status , rights of subrogation litigationres judicata, the burden of litigation costs and so on,in order to point out the legeal defects of subrogation right of creditors in the system and make a preparation for better improving the system of the subrogation right of creditors.Part IV: describes the improvement of relative legislation.In this part, the author wants to give improved legislation to the system of the Creditor's Rights of subrogation from the two aspects of substantive law and procedural law.And give the analisis and demonstration to the issues raised from the third part, so as to give suggestions to perfect the legislation of the system of the Creditor's Rights of subrogation. The suggestions include: adjusting the legislative system, expanding the scope of the subrogation right's object, increasing the ways of exercising the creditor's right of subrogation, clearing the legal effect of vesting ,making clear the debtor's legal status of the creditor's right of subrogation.making clear the force of the creditor's right of subrogation.making clear the legal costs of the creditor's right of subrogation.making perfect the system of the Creditor's Rights of subrogation.let thesystem of the Creditor's Rights of subrogation playing the major role.