Research On The Subrogation Of Litigation System

It is very important for the debt security to establish the system of the right ofsubrogation litigation. It makes the transactions security in the market. Subrogationlitigation system is now a powerful weapon to protect their claims for creditors. It ismore and more applied in practice. Although subrogation litigation system has beenestablished in China, however it appeared a short time, Subrogation laws, regulationsand judicial interpretations are obviously immature in all aspects.This paper is divided into four chapters in all. The main body of content is thesecond chapter to the fourth chapter.This dissertation is on the basis of fully using for reference about legislativeexperience of subrogation of litigation abroad; combine the judicial practice onsubrogation of litigation closely in our country, has carried on some preliminarydiscussions on the issue about subrogation of litigation and has put forward thecorresponding legislative subrogation. This paper presents the subject of two lawsuits;Litigation by creditors according the right to subrogation is based on the "litigationbenefit" of creditors; the creditor may participate in the proceeding as if he is the thirdperson who has on independent right to claim, and have the rights and obligations ofthe parties concerned.In addition, in the paper I make good recommendations to defects about China'sright of subrogation litigation. There are strong legislative amendments; the burden oflegal costs should be attributed to the creditor; improve the procedural safeguards theright of subrogation; the foreign status of the right of subrogation makes a good modelfor defects in subrogation litigation in our country, and the creditors filed subrogationproceedings have priority, it's useful for creditors to improve their enthusiasm to bringthe right of subrogation litigation and so on.In China law, Subrogation of litigation as a new legal system, there are severaldefects existing in subrogation of litigation. Necessary amendments and improvementsshould be in order to have subrogation of litigation legally functioned to the maximum extent.