Research On Res Judicata Of Subrogation Of Litigation

Subrogation is a concept of continental law system, which has long history, andit has also been introduced to China by the “Contact Law of People’s Republic ofChina”, therefore China has established the system of subrogation. Chinese scholarshave thorough research on the subrogation right and the system, however, on theinfluence of Chinese traditional sense, we have always neglected the proceduralmechanism, and so have been the legislation. In recent years, with the high speeddevelopment of economy and society, the problem of creditor right is becoming moreand more serious. As a way to realize creditor’s rights, the subrogation right system isdrawing more and more attention, and the research on subrogation also grows tomature gradually. As a kind of specific, new type of litigation, the subrogationlitigations are often complex. Therefore, this paper is going to study the subrogationlitigation from a special angle, known as the “Res judicata”. This paper totaling thirtythousand words or so, and consists of three parts, mainly focus on both the objectiveand subjective aspects of its scope of Res judicata. And the main contents as follows.The first part is the overview of subrogation right and litigation. Firstly, theauthor introduces the conception and characteristics of subrogation right. Secondly,the author simply discusses properties of subrogation right, and makes a conclusion.Then, it comes to the concept of subrogation litigation.The second part is the overview of Res judicata. The theory of Res judicata isone of the most hard part in the field of procedure law, however, as the main task ofthis paper is to study the subrogation litigation, the author just has done some simpleresearch on Res judicata, such as the objective scope, subjective scope and time scope.At the same time, the author has mentions the theory of objection of action.The third part is the Res judicata in subrogation litigation. This is the mostimportant part of this paper. First, the author affirms the significance of research onRes judicata in subrogation litigation. Second, the author points out the basicprinciples of ascertaining the scope of Res judicata in subrogation litigation. Finally,the author analyses the objective scope, subjective scope and time scope of Resjudicata in subrogation litigation detailedly.The paper have used comparative analysis of methods, literature analysis ofmethods and so on, to analyze the Res judicata in subrogation litigation. The purpose lies in confirming the effect of subrogation system, at the same time protecting thelegal rights of creditors, debtors and the third person.