On Implementation Of Subrogation

Subrogation refers to a kind of executive system that executes the enforcement of the special part of debtor's property----the credit.The establishment of the subrogation system is not only helpful to protect the legal rights of the creditor and improve the efficiency of enforcement,but also play an active role in resolving the triangle debts and resolving the difficult problems in enforcement.But the legislative rules for subrogation in our country are too general,and lack operability and relative systematic theories,which limit the further improvement of the subrogation system. The author elaborates the relevant theories of subrogation system with the methods of comparison,analysis and induction,and compares the legislative systems of foreign countries with that of Taiwan.Based on the aforesaid elaboration and comparison,the author analyzes the deficiency of domestic legislation,and put forward some advices to improve our subrogation system.This paper consists of four parts in addition to the introduction and conclusion.Chapter One:"Overview of Subrogation System".First,according to domestic legislation,the concept and function of subrogation system are analyzed.Then the three characteristics of this system are sum up,viz.the multilaterial subjects,the special legal nexus and the complicated procedure of subrogation.Eventually,the applying conditions of modern subrogation system are discussed based on present domestic legislation.Chapter Two:"The Nature,Theoretical Bases and Execution Foundation of Subrogation System".The three theoretical issues,viz.the nature,the theoretical bases and the executive foundation are analyzed from multangular perspectives through connecting theory and practice.We think,from the perspective of nature,subrogation is an executive form of property.Its theoretical base is that "all of property owned by debtor is the total surety for all of debtee".Its executive foundation is execution base, namely,the effective legal instruments which confirm rights and obligations between debtee and debtor.In this chapter,the author introduces relevant theories,analyses them respectively and puts forward his own views.Chapter Three:"Comparison of Subrogation Legislation in Foreign Countries and Taiwan",This chapter introduces briefly relevant legislations of subrogation system in the main countries of the two legal systems,based on which analysis and comparison are made with a summary of the common characteristics of subrogation system in these countries,viz.perfect procedure,wide range of creditor's rights and the protection of the third party's legitimate rights and interest.Chapter Four:"Deficiency and Improvement of Domestic Subrogation System".This chapter introduces briefly current domestic legislation about subrogation and discusses the in deficiency and shortcoming of current domestic subrogation system systematically and suggest that on the basis of learning the relevant system in foreign countries and Taiwan make domestic domestic subrogation system perfect from six perspectives,viz.redefinition of range of subrogation,broadening the conditions of application of subrogation,improving execution procedure,specifying the respective functions in every executive stage, improving the examination system for the third party's objection, improving the executive protection system and improving the relief system for executive litigants.