The Discussion About Our Country's Creditors Subrogation System

The system of creditor subrogation is a special rights that derived from creditor's rights to preserve it, it belongs to the creditor's rights and the existence of it as the prerequisite. It sets in order to keep the responsibility property of creditors, apply to the case that the debtor's property should increase and can increase but not increase because of debtor's idle. It's also known as the civil enforcement of the reserve system. IT maintains and enriches the debtor's property effectively since its founding, and has played a significant role to protecting the interests of creditors. For this, our country also established the system of creditor subrogation in "The Contract Law of PRC" which promulgated in 1999.But after 10 years judicial practice, its original role can not all realize in our country, the reason for this result is that inherent defect of traditional subrogation rights system itself, but mainly because to "innovation" and "modify" traditional subrogation rights system conveniently that fit for a so-called situation at the beginning.The research object of this paper is the system of creditor subrogation. Through to compared with the traditional subrogation rights system and the system of creditor subrogation in our country, and combined with China's present judicial situation , to find out the the shortcomings of this system, and puts forward suggestions for improvement, in order to give full play to protect the interests of the creditor.In the first part, the formation and overview of the system of creditor subrogation. This part will for a simple overview of debt preservation,the formation of a system evolution,basic concepts and properties.In the second part, compared with the traditional subrogation rights system and the system of creditor subrogation in our country. IT will compared variously with constitutive requirement and the subject,extent,object,ways,effectiveness of exercising. Founding the similarities and differences, the advantages and disadvantages, and put forward the author's own view and opinion.In the third part, the suggestions for improvement of the system of creditor subrogation. This part will detailed expounds the necessity of modification, and the effectiveness,constitutive requirement,ways,extent,object extent of exercising. There in, the four points of the constitutive requirement, the scope of the exercise should not be limited by the creditors of their claims have not appeared in previous doctrine. Also focuses on the improvement of the system of subrogation to solve the"difficulty in enforcement"meaning for China.