My Country's Creditor Subrogation System Research

The creditor's right of subrogation system can be traced back to English common law at the earliest.As one of the methods of debt preservation,it plays a positive role in protecting the legal rights and interests of creditors.At the same time,the establishment of this right breaks through the relativity principle of debt and allows the third party rather than the parties to enter into the contractual relationship.The creditor's right of subrogation system was set up which was primarily composed of "contract law of the People's Republic of China(hereinafter referred to as" the contract law ")and article 73 of the Supreme People's Court about apply to < the contract law of the People's Republic of China >(1)the explanation of some issues "(hereinafter referred to as " explain " " contract law"),article 11-22 in our country.It was controversy in the theoretical controversy and practice in processing,just because it was many disadvantages and with some limitations,such as,the object of narrow scope,effect of defects and limitations of the conditions and the application of the harsh conditions,and the action to try to expand the creditor's rights to solve the debt disputes creditor subrogation system,not only in logically untenable,in the value level is also a best solution,but also it is difficult to adapt to the rapid economic development.It is provieded with the greatest theoretical and practical significance to demonstrate and analyze the elements of the system and the system-wide coherence,and we should try to explore its inner meaning and value pursuit.There is a big gap between the legislative purpose of subrogation and the practical operation in The The creditor's right of subrogation system.This paper is begainning the discussion from the limitation of the application of the system and wirting the disputes and issuses arising in practice from the dynamic perspective on the basis of the Legal Interpretation and Comparative Approach ect.In theory,this paper starts from the static perspective of the connotation and essence of the subrogation right of creditors,it takes the time clue before and after the "contract law" and "contract law interpretation I" as the time clue,and the system sorts out and summarizes the views of different scholars and reveals the fallacy of the system of subrogation right in the logical framework.This paper argus the justification of The creditor subrogation right system from the legislation purpose,choice of applicable law effect,system.And the paper presents that how to building the system which is adapted to the contemporary society development of The creditor's right of subrogation system in our country according to the current judicial practice of subrogation for debate,to solve the problem of the balance amount the current legal righttors,the freedom of disposition of the debtors and the right of the third parties.