On The Creditor's Right Of Subrogation System

Law on the right of subrogation provisions, breaking the traditional bonds of the right to appeal the theory and relativity theory, the creditor may have no direct interest to the time the debtor filed the subrogation action. System to protect the subrogation claims of creditors, but at the expense of the debtor and the interests of certain sub-debtor, and thus the creation of the system on the surface of the creditor, the debtor and the sub-debtor rights and obligations among the three game, behind the essence of free and fair , the balance of order and other legal value. Existing right of subrogation in the rights object, the exercise period and the design of the proceedings there are some deficiencies, but must also address ways to balance its intrinsic value as a guide. The author practices in a case leads to subrogation rights in practice disputes, and from a comparative law describes some foreign countries subrogation rights legislation, and China's right of subrogation of the relevant legislative provisions, the subrogation rights Elements, legal basis, the effect of exercise and other issues were discussed, summarized China's lack of subrogation rights, and made sound proposals.