On Behalf Of The Civil Procedural Law Research

As a general civil rights, the creditor right has been endow with relativity, aimed to protect the personal freedom of contract. However, with the development of the commercial market, the relativity of the creditor right has been destroyed, in order to solve this problem, the system of right of subrogation has been established. The system of right of subrogation is a concept in civil substantive law of continental law system countries. It is until our country stipulated the system of right of subrogation in Contract Law that enacted in 1999, regarding as a substantive right as well.But, this time Contract Law stipulates right of subrogation, overlooks the procedural mechanism—proceedings for right of subrogation. However, the content and value of substantive law can gradually formed in the structure of general normative proposition merely upon the proceedings of contentious procedure. Only by the means of proceeds, lawsuit of right of subrogation, can the inner value of system of right of subrogation be realized and developed. This thesis is aimed at making effort to perfect our theories and institutions on subrogating action, with reference to the extant production of the studies and practices.As a new type of proceedings, the proceedings for right of subrogation inevitably never appeared in the past procedural practice. Although the proceedings for right of subrogation applies to ordinary procedures, it has its characteristics. This thesis tries to discuss and demonstrate some basic theoretical questions about proceedings for right of subrogation, such as its concept, jurisdiction, object of action, effective scope of validity of matter adjudged in proceedings for right of subrogation, status in litigation of parties and so on. What's more, this thesis raises some unique understandings and thoughts.Except for the preliminary and epilogue, the thesis consists of the following four parts.