On The Right Of Subrogation

The paper discusses the problems related to the realization of the creditor's subrogation with the basic theory for creditor's subrogation both theoretically and practically. It concludes that the realization of creditor's subrogation must follow the proceeding procedures;the debtor is the third party without independent request right;the object of creditor's subrogation is determined by the aim expansion method according to the legislation principle;the creditor should quote to prove the existence of mature creditor's right between the creditor and sub-creditor apart from the quoting to prove the relationship as debtor and debtee;and it is emphasized that the debtor is liable to cooperate to the quoting to prove the related facts ;the principle for the debtee to exercise the subrogation is the direct one. With regard to the lack of corresponding entity right backing for "execute the third party" according to the procedure law in current Chinese creditor's subrogation system;the inconsistence between the entity law and the procedure law for the conditions to exercise creditor's subrogation;the obscure effect of the exercising of the creditor's subrogation;the indefiniteness of right and status of the parties in the subrogation proceeding and so on,it is suggested that amend the civil code,confine the creditor's subrogation system,coordinate the rules in entity law and procedure law related to the debtees' to exercise their subrogation,define the creditor's subrogation,the right and obligation of related parties in the procedure,perfect the rules in procedure law in order to provide proceeding procedure security for the realization of the creditor's subrogation.