Research On The System Of Subrogation Performance

The implementation of subrogation,namely on the debtor creditor's right due to execution,refers to the debtor cannot pay off the debt,but in this case the third people enjoy due creditor's rights,the people's court may in accordance with the application executor or the person applying for enforcement,there is no objection to the third people who do not apply for the executor to perform in this case,third of the property of a system of enforcement.In the face of the increasing number of "triangle debts" in today's society,the subrogation execution system has the system function of ensuring the application executive's creditor's rights to be successfully realized,promoting the effective settlement of civil disputes and saving judicial resources.However,due to China's subrogation system development started late,lack of theoretical research and legislation is not perfect,there are still many problems,not the basic theory to solve the problem,it is bound to shake the system confidence,reduce the damage to the system vitality,play the value of the generation of position system.Although there are so many disadvantages in the subrogation execution system,the overall application of the subrogation execution system is not optimistic,but it has maintained a steady growth trend.This is enough to reflect with the continuous development of economy and society in "debt" phenomenon has increased,reflected in the implementation process,namely the applicable circumstances of subrogation system is increasing,in this case,the system of civil rights and obligations of the parties will ultimately play an important role,then,with the development of economy,further to improve the implementation of subrogation,it becomes more and more important.Therefore,it is necessary to make a systematic analysis of the implementation of subrogation in theory,establish the theoretical foundation,through experience and descriptive research method and other research methods,on the implementation of subrogation of the concept,nature,on the basis of theoretical issues such as in-depth analysis of these problems,the final accurate positioning,in order to solve the theory the dispute over a long time,as the foundation of further solve the problems related to the legislation of the.And then through the empirical research,experience summary,function analysis and other research methods,on the current legislation of the system of subrogation performance is summarized,the definition of the scope of claims can perform the low rank of legislation,ignoring the rights protection,the third party system design on the application executor there are significant omissions,too narrow,freeze ruling norms specification is too simple,operability is not strong and other issues to make the analysis,and put forward to change the idea of legislation,reconstruction of the third objection system,expand the scope of creditor's rights,creditor's rights clear execution freeze ruling to the service,the introduction of a special "law enforcement" to improve the idea as soon as possible,to try to enhance the system activity,realize the value of the system.