The Subrogation System

The subrogation had been regulated in France civil law at first. It is alsoregulated in Contact law and the judicature interpretation of People republic of China.But the system in our country is very different from the traditional regulation. Thestarting point of this paper is purpose and function of the subrogation. In addition, thesystem in Japan and Taiwan has been expounded because it is unique. In these areasthe legislative system in German had been adopted and the subrogation also beenselected. So it is important to analysis the value and function based on thedouble-track system.Moreover, we must discuss the procedural system because there is the protectivesystem in the procedural law. This paper will discuss the condition, form and effect ofsubrogation and compare it to the similar system in the procedural law. So we shouldnot choice the one and reject the other. We should integrate the two system and makethem well-balanced. Although it had not been regulated in German law ,it not meansthat the two system can not exist in the same law-system. The subrogation has itsvalue as a substantive law. The function can not be replaced by the system inprocedural law. We should reveal the subrogation in its true feature and give the rightmeaning to the character and function. According to this, we can make the two systemto unify.The substantive right and procedural system must be integrated so that the rightcan be fulfilled as well as possible.