China Subrogation System

"The Contract Law" of our country promulgated in 1999 stipulated creditor's subrogation the first time. The establishment of creditor's subrogation is of great theoretical and practical significance. Professor WangLiming has once pointed out that: Due to the formulation of our country's future Civil Code has adopted the strategy of "the minute step walks" in the concrete step, the formulation and issues of The Contract Law of the People's Republic of China has become harbinger and the preview of the formulation of Civil Code. Taking this as the turning point, the law of contract and even the creditor's rights law research all will be further deepened and developed. Although the creditor's subrogation has been stipulated by the Contract Law, but its stipulation is not clear and concrete, that causes unable to depend on and haphazardness. Taking this into consideration, the Supreme People's Court on December 29, 1999 had issued "Interpretation of Certain Issues Concerning the Application of the Contract Law of People's Republic of China (1)" and done as a temporary measure to explain the creditor's subrogation with dark ink for 12 explanations. Under this explanation the creditor's subrogation comparing to the traditional creditor's subrogation system had the very big difference in the main body, the object, effect ,the way ,the scope to carry it out. Can we also call it the creditor's subrogation? The creditor's subrogation system has the necessity to exist in our country? If it is necessary, what a creditor's subrogation system the future Civil Code our country will be supposed to stipulate? Having these questions, I mainly utilizing the value analysis and the comparison research method has launched the system research on the creditor's subrogation system. This article main text altogether is divided four chapters.Part One is the introduction of the creditor's subrogation system. This chapter from the aspect of origin, the historical evolution and the legislation foundation, the system goal of the creditor's subrogation system, has carried on the analysis and the elaboration on the elementary theory questions such as the concept, the nature, the characteristic of the creditor's subrogation system , thought that its nature is an authority, its legislation foundation is debtor's gross property is his all creditor's together guarantee, its...