The Ownership Of The Result Of The Creditor’s Enforcing The Subrogation

The ascription problem after performing subrogation right is the key to theresearch of subrogation system, as well as the problem we have to face and solve inthe judicial practice. The controversy about the effectiveness of the subrogation rightperforming effect focused in the adoption of "priority claim rules" and "warehousingrules”. In1999, Chinese "contract law of the People’s Republic of China (in thefollowing refer to the" Contract Law ") the seventy-three stipulates the subrogationright system for the first time, and establish subrogation system in our country.But the "Contract Law" did not make clear the attribution of the subrogationperforming effect, then the supreme people’s court explanations about applyingproblems <contract law of the People’s Republic of China (1)> in the following referto the the contract law to explain (1) have adopted the " priority claim rules ", whichhas aroused a great deal of controversy.Some scholars believe that "the priority claim rules" can effectively solve theprominent "chain debts" problems at that time, and inspire the enthusiasm of creditorsto perform subrogation right.But most scholars have expressed concerns about it, because "the priority claimrules" divorces our subrogation system from the function to save the debt. Throughthe implementation of debt, the primary value of subrogation system is no longer abalance of the client’s interests, but to protect the interests of the creditors."The priority claim rules" is not only contrary to the purpose of the subrogationsystem, but also difficult to coordinate with the traditional civil law theory, whichdisorder the whole theoretical system. With the deepening of the practice, we found that the "priority claim rule" is notas effective as what advocates said, but causing operational difficulties. More andmore scholars appeal that the subrogation system should return to "warehousing rulesBut until now, our country legislation still did not give up "the priority claimrules", and the supporters of "priority claim rules" still criticize "warehousing rules".So I think it is necessary to make a comprehensive analysis on "the priorityclaim rules ", points out its disadvantages in theory and practice, then verified therationality of the "warehousing rules" and at the same time, perfect the traditional "warehousing rules ". I hope this article can offer some theories support for China’sfuture civil code.The first chapter is the summary of the creditor’s subrogation system. Thischapter mainly introduces the background and causes of the subrogation rightsystem’s formation, and points out that the purpose of subrogation is to preservecreditor’s rights, consistent with the function of the "warehousing rules ". At the sametime, this paper introduces our country’s law about the historical evolution andresearch status of subrogation system. The second chapter is the evaluation of priorityclaim rules where pointed out the disadvantages of "the priority claim rules" in thetheory and practical dilemma. The third chapter carried on the detailed argumentationabout the rationality of the "warehousing rules "."Warehousing Rules" conform tothe requirements of fairness and justice, basic value tendency of subrogation right,basic principle of obligation law, the purpose of legislation, besides it is moreeffective in practice. The fourth chapter is the application and perfection of the"warehousing rules" in our country. Aiming at the shortcomings of the "warehousingrules" and needs of social development,"warehousing rules" is improved accordingto relevant experience. Conclusion: a summary of the article main content and ideas do.