The Intervention And Autonomy Between China And Japan On Service Invention System

Creditor subrogation refers to the debtor the right of a third person, has delayed in exercising, leading to the property should be able to increase and did not increase, realized in endanger the creditors, the creditors enjoy the in its own name on behalf of the debtor of the exercise of the rights of their rights.Creditors subrogation system first appeared in the French civil code. In 1999 Chinain formally established the creditors subrogation system, to protect the legitimate rights and interests of creditors provides important legal protection.Chinese creditor subrogation system established by the time late compared with other civil law countries, the development of the theory of practice and experience of these countries, can certainly be enlightenment to our country legal theory and legal practice.Based on this understanding, the author proposed by the Japanese civil code to modify the creditor subrogation finishing part of the argument, discussion and exploration on how to perfect the creditor subrogation system in China.This article is divided into three parts altogether. Specific as follows:Part one: the overview of the creditors subrogation system. Mainly introduces the concept of creditor subrogation, national regulations on the system, to our country "contract law" medium creditor subrogation system as an example to introduce the components of the subrogation right, for later in the third section to perfect our system of subrogation theory foreshadowing.Part two: Creditor subrogation system changes in Japanese law. Introduced the Japanese civil law large-scale background, process of modifying the creditor subrogation system reason, the main change point of contention, reveals the subrogation system modification of six major problems, finally through the introduction of the draft of justice ministry announced to clear the mainstream direction of change.Part three: Japanese creditor subrogation system reform legislation enlightenment to our country. Through the analysis of the status quo of China's creditor subrogation and the insufficiency, Japanese creditors subrogation system changes some inspirations to the legislation of our country, and to perfect the system of creditor subrogation in our country put forward some Suggestions and comments.