Research On Subrogation And Analysis Of Production System

According to "Regulations of the people’s court in civil implementation of attachment,seizure, freezing property", the creditor has the right to generate the position of debtor toinitiate proceedings.This paper makes a discussion in the light of the lack of subrogationproceedings in civil substantive law theory, puts forward the analysis of production system,analyses the production system on the relativity of creditor’s rights and the real right ofsubrogation exclusive theoretically, summarizes the application conditions of analysis ofproduction system in the judicial practice, and induces the legal consequences of itsapplication generated. The author thinks that, through the study of analysis of productionsystem, we can effectively improve the debt preservation system theory, eliminate the theorybottleneck existing in the application of the proceedings, put forward reasonable suggestionsto solve the division of property enforcement practice problem. In addition to the introductionand conclusion, this paper is divided into four chapters.The first chapter describes the status of the analysis of production system. Through theanalysis of judicial application of production system, we understand the judicial interpretationof the legal sources in the civil procedure law. According to the current situation of thesubrogation proceedings in the judicial application, this paper analysis the lack of support ofproduction system in the substantive law theory, and points out the deficiency in the civil trialand civil execution in subrogation proceedings.The second chapter is the basic theoretical research of the analysis of production system.Because the law of property system is only reflected in the civil procedure law related judicialinterpretation, as a legal system of civil substantive law, its theoretical basis is still weak, andnot enough to the application in judicial practice subrogation proceedings.The third chapter discusses the nature of subrogation analysis of production in thepreservation of debt theory, discusses some theoretical problems of framework of subrogationanalysis of production system faced in details. Then the paper has the in-depth analysis andresearch on the relativity of creditor’s rights theory, as well as the exclusive property ofanalysis of production system and the right of subrogation distinction etc.The fourth chapter is mainly to make an elaboration on the analysis of production systemarchitecture issues. On the basis of the two part discussion, the author has a more unifiedunderstanding of the analysis of production system, definite the concept of analysis of production system, in order to give it a reasonable positioning in the debt preservation system.This part summarizes the conditions to the analysis of production system and the applicationof the legal consequences arising, makes scientific framework on the analysis of productionsystem.The fifth chapter is mainly on the analysis of production system improvementsuggestions. To perfect the legal system, includes the adds and supplements in substantive lawand in the judicial field. In the part of the civil substantive law, this paper will identify theanalysis of production system as the debt preservation system, and make it in the form oflegal provisions expressly on the analysis of production system in the substantive law. In thejudicial practice area, firstly determines the subrogation property disputes as the provisions ofthe civil case, secondly makes explicit rules in the civil law about subrogation proceedings,finally the reasonable suggestions are given in terms of the civil trial and execution of theprogram, wish to give some complement and constructions.