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On The Implementation Of The System Of China's Civil Subrogation Perfect

Posted on:2008-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z X XuFull Text:PDF
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Theoretically, the system of civil subrogation performance is originated from the system of creditor subrogation. It is the embodiment and application of the subrogation right system in the civil execution. By contrast, in the tradition of civil law, the debtors are responsible for all the debt with all their property rights. In the actual civil execution, the creditor can take the subrogation performance in accordance with the rules and apply for the execution of the creditor's rights over the third party on the part of a district court in the place of the executed, when the executed is unable to repay the debts even with all their property. In respect of the execution of the civil subrogation, China begins to work on the theoretical research and legislative practice at a comparatively late date, and the present rules are relatively more rigid and hard to operate.This thesis has analyzed the system of the civil subrogation performance through the comparative study of the current legislations over the civil subrogation in Germany, France, Japan and Taiwan of China and the thesis writer's own practice over the execution of juridical work for many years, on the basis of which the writer has put forward suggestions upon how to improve the system of civil subrogation performance in our country.Through comparison, this thesis proposes that, in reference to the current legislation in Taiwan, the subjects of the civil subrogation performance be extended further in number, subjecting the undue claims to the execution of civil subrogation to further increase the possibility that the creditor can realize their claims; and in reference to the executive regulations in Germany, the thesis argues that when the obligee, obligor and the third party believe the court's execution is against their legal rights, the state should guarantee through legislation the parties could realize their right relieves; and that the obligee can bring a suit of subrogation rights and the executed can issue an objection in order to stop the infringement over their legal rights during the execution. It also postulates a formal examination over the third party by the executive organization in order to further improve the execution efficiency—the full court which consists of judges endowed with judicial power in the executive organization carries out the formal examination over the objection of the third party. Meanwhile, in reference to the provisions in Japanese laws and with respect to human rights to subsistence and others related to the person, this thesis also explores and suggests the principle of limited implementation over the third party, i.e., executing immunity over the incomes and properties necessary for the third party's survival and daily life.
Keywords/Search Tags:Civil subrogation, execution, procedure, efficiency, right relief
PDF Full Text Request
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