Disputes Over The Right Of Subrogation Case Assessment

In economic relations, the orderly manners that participants take part in economic activities is a necessary requirement of the rapid development of China's market economy. Commodity trading in security and property transferring smoothly are visual performances of the market economy conduction.Not only the improvement the persons'trading quality,but also the greatest degree of protection and blessing that law system providing should be required in the standardization of market economic order. Many civil law systems in China are generated in the circumstances that many new problems constantly come out in economic relations which complied with the imperfect economic order. China's subrogation right system is established based on the traditional theory of right of subrogation and is to solve the "triangular debts" problem which existed in economic relations.The key point of applying subrogation right is that the establishment requirements need to be accurately cleared. China's current laws, although it's made provision for it, but not exhaustive , needed to improve. This paper discusses subrogation theory by analysing a typical case, and focus on how to deal with the case and improve the subrogation theory. The article is divided into three parts of introduction, body and conclusion, and the body part includes the following five parts:PartⅠ:Describes a case of creditor subrogation dispute, and summarizes the arguing focus.PartⅡ:Makes a comprehensive analysis of the basic theory of subrogation,including the concept, characteristics, nature, establishment elements and the exercising of subrogation. Applying subrogation accurately should base on the summarized theory of subrogation,so it's necessary to analyse and discuss this part.PartⅢ:Makes a deep analysis of the basic subrogation theory, which during discussing the using ways and effects of subrogation. The research on subrogation theory is necessary to rightly apply that in juridical practice.Part IV:The author analyzes the on subrogation litigation filing conditions, This section lists the establishment elements of subrogation, and makes detailed assessment and views of the disputes. Part V:The research conclusions. This section proposes the assessment of cases about creditor subrogation disputes, list the problems of China's subrogation system in the study of the case by the author, and proposes some suggestions.