Research On The Effectiveness Of The Exercise Of The Creditor's Right Of Subrogation

The Supreme People's Court clarified the "Rule of Priority Compensation" in which the creditor's right of subrogation was vested in "Interpretation of the Contract Law."However,the traditional civil law theory believes that the creditor's right of subrogation should be attributed to the "Rule of Warehousing" These two contradictory views are superior and inferior,causing widespread controversy in the civil law theoretical community.This article begins with the legal value orientation of the creditor's right of subrogation system,adopts literature data analysis,comparative analysis,and empirical analysis to analyze the two principles from the perspective of theoretical basis and practical operation,and demonstrates the "Rule of Priority Compensation".It conforms to the legislative intent of the creditor's subrogation system and is more theoretically reasonable and practically necessary.On this basis,we reviewed the existing deficiencies in the design of the "Rule of Priority Compensation' in the specific system design and proposed relevant suggestions for improvement.The content of the article mainly includes:Introduction part,briefly expounding the effectiveness of creditor's right of subrogation is the core of evaluating creditor's right of subrogation and the main existing disputes.The body part is divided into four chapters.Chapter ?:Overview of Creditor Subrogation System.This chapter first introduces the creditor's right of subrogation system at a glance,clarifies the original intention and basic characteristics of the creditor's right to subrogation system,and sorts out the historical evolution of the creditor's right to subrogation system,which will provide the basis for the following discussion.Chapter ?:Theory and Evaluation of "Rule of Warehousing".This chapter first elaborates the basic legal value of the creditor's right of subrogation system,and analyzes the legal logic derivation process to realize the value of the legislation.It involves two key concepts of "relative of debt" and "responsibility property system".The theory of superiority and inferiority of "Rule of Warehousing" is paving the way.On this basis,the author analyzes the inevitability of the "Rule of Warehousing" in the traditional theory of civil law,and through the argumentation of the legislative value and legal functions in the previous text,focuses on a series of issues arising from the specific application of the "Rule of Warehousing".Analyze and raise questions and denials.Chapter ?:Theory and Evaluation of "Rule of Priority Compensation".This chapter first analyzes that the value orientation of the "Rule of Priority Compensation" is to pursue a dynamic order,and on this basis,to achieve a reasonable balance between fairness and efficiency.Next,it argues that China's creditor's right to subrogation system is rational at the theoretical level.It focuses on analyzing the theoretical basis for the "Rule of Priority Compensation" to break the debt relativity principle and clarifying that the "Rule of Priority Compensation" is not equivalent to granting the creditor subrogation rights in the real sense.The "priority right of repayment".Under the premise of obtaining theoretical support,we must affirm the practical necessity of adopting the "Rule of Priority Compensation" in the creditor's right of subrogation system.Chapter ?:Suggestions for improving the "Rule of Priority Compensation".This chapter examines the irrationalities that exist in the current system from the perspective of the application of the "Rule of Priority Compensation".And put forward relevant recommendations:1.Supplementary provisions only the creditor's right of subrogation with security function.2.Detailed refinement of the specific provisions of the preferential repayment rule,deletion of the creditor's legality requirements when the creditor filed the subrogation right suit;clearing the debtor's litigation status and securing its full litigation rights;"because it is in the exercise of its due creditor's rights" The extension criteria are set in the certification criteria.