The Right Of Subrogation. Talking Civil Action

The right of subrogation in the highly developed market economy period, originated in the Mediterranean coast.The creditor subrogates the creditor's right in due,which belongs to the debtor but the third party fails to pay for.So the creditor exercise the right recourse to the third people with which he have no direct relationship between debtor and creditor.The right of subrogation is in the short development history, especially of existing legislation system of civil law in China. The provisions of general countries is extremely simple and rough.The specific implementation procedures in civil litigation are shore of normative legal regulations. And judicial interpretatio in paticular is less standard. The systems of the right of subrogation in the national legal systems,are in the development and perfection of state. Civil law countries establish the specific provisions through civil codes, such as Germany, China, Japan; the one in the common law system countries are applied to protection of rights, such as right of insurance subrogation, shareholder's right of subrogation and so on.which is rather than applied to specific provisions of department of law and the civil code.That is modern and flexible application but so nonstandard that it is not convinient to suit specific applications. A good implementation of law depends on nationnal comprehensive quality especially on legal consciousness.The system of right of subrogation break down the traditional peer-peer relation of the two first two lines,established on civil legal relationship of two kinds of civil legal relations of litigation pattern of three in one.which is the legislators'innovation thought.However, new things have inevitable imperfections in certain. For example, during the judicial practice, how to confirm that the legitimacy of the court of claims has expired, how to treat the secondary debtor various defenses, how to confirm whether they have jurisdiction, etc.That legislators perfect the judicial legislation and judiciarys utilize law through their strong theoretical foundation can resolve problems above.Because laws prefer to relative static, they can be in stability.credibility, authority.If laws are inconstant, the people will not be able to comply with what.