The Improvement Of The Subrogation Lawsuit System Analysis Production

The supreme people's court on the executive power and reasonable configuration and scientific operation several opinions of the twelfth rule finalized outsiders execution objection suit,application execution objection lawsuit,implement scheme objection lawsuit,subrogation lawsuit involved such as production execution lawsuit,initiate the review,conducted by a case,and unified management system into the trial and execution case.As a kind of involved executive lawsuit,subrogation analysis to produce action refers property is insufficient to perform obligations,executor,the other co-owners protocol analysis has been applied for producing split joint property and delayed in bringing the production analysis,application execution for the identified legal document of creditor's rights is hard to realize,have the right to subrogation analysis to produce litigation,division of property to save system of creditor's rights.Compared with ordinary joint property division,subrogation analysis litigation is addressed by the trial production of new property execution problem.This paper is divided into four parts: the first part is about the basic concept of subrogation analysis to produce action.First introduces the basic concept of the common property law,and then summarizes the subrogation analysis of litigation rules,aims to clearly defined to prevent confusion of concept;The subrogation analysis the litigation with subrogation litigation,compares and analyses the generation of execution to clear subrogation of litigation connotation.The second part is status quo analysis,from the generation of an analysis of litigation legislation and judicial status quo,analysis of subrogation analysis defects and the causes of litigation system,analyzed the defect reason here,pay attention to the legislation and judicial practice,policy considerations,social aspects and at multiple points of view.subrogation analysis although litigation for a variety of reasons cause the system to carry out the production to the practical difficulties,there are cases continue to increase,there are cases encountered bottleneck,as a special subrogation analysis to solve the problem of joint property executive lawsuit is the necessity of its existence.The third part from the real level and application level discusses the applied conditions of subrogation analysis to produce litigation and foundation of rights,comply with the regulations of subrogation analysis to produce action range and conditions of use case applies,power base part,mainly expounds the relativity of debt and related questions of subrogation,for the further research of subrogation lawsuit system analysis production to provide theoretical support,and subrogation lawsuit system research theory premise.The fourth part discusses the subrogation analysis of litigation system is perfect,including the improvement of the entity rules and procedural rules.Because of the shape of the different,in this case,subrogation analysis of litigation system should be applicable,according to the specific circumstances and embodied in the substantive law in the specification;The improvement of the procedure law,considering the subrogation analysis of litigation as a special litigation take-on type,has been applied for executor Shared with other people as a defendant in litigation,subrogation analysis of litigation target should be binary;Because of considering the litigation cost,cheap in lawsuit and other issues,the future legislation,the modified or new judicial interpretation of the civil procedure law in our country should be instituted for joint property division and implementation issues of subrogation analysis to produce litigation rules for the jurisdiction of the people's court;After the last is about litigation,the parties what way right relief and the scope of the right remedy,etc.