Improve The The Subrogation System Envisaged

This text mainly compares with China and foreign countries in the (horizontal angle ) from the (longitudinal angle ) of historical development, use sociology with research approach of law science come , research and analyse creditor general principle , creditor subrogation theoretical foundation and value of system of subrogation analyze, through compared with legislation of the other countries and -regions , make a self-criticism to I national debt legislation current situation of subrogation , people of right ? propose a series of improves the suggestion to our country's present legislative defect . In a word , need further studying and exploring creditor's subrogation system no matter in theory or in the practice, the ones that made this system real played its due role.Summary Contract law and explaining that has stipulated creditor's subrogation system of our country, has improved the guarantee system of creditor's rights, but compared with traditional subrogation system, not only advance but also shrink back, the educational circles quite dispute to this. This text proceeds from angle compared with China and foreign countries of historical development of creditor's subrogation system, analyze people's subrogation system value and problem of my right of national debt in an all-round way, and propose a series of improve the suggestion to these drawbacks. I think our country really necessary to set up subrogation system , and should adopt" put the rule in storage " , improve the compulsory execution system of our country , the realization of the auxiliary subrogation at the same time .