Research On The Litigation System Of Subrogation Of Property By Applicants For Execution In My Countr

The executor’s subrogation and property analysis litigation system belongs to the execution relief system.Refers to the creditor’s rights and debt disputes confirmed by effective legal documents.During the performance period specified in the legal documents,the debtor [the creditor referred to in this article refers to the person applying for enforcement,and the debtor refers to the person applying for enforcement.] If the debt is not fulfilled,the creditor applies for compulsory execution to enter the execution procedure to protect the creditor’s rights.In the process of execution,the person subject to execution has no other property available for execution except for the property shared with others,and the person subject to execution and other co-owners are delayed in property analysis within a reasonable period of time.In order to promote the realization of creditors’ claims,and to prevent the joint co-ownership from becoming a “hotbed” for debtors to evade debt performance,the law grants the executor the right to initiate subrogation lawsuits on behalf of the executor,and provides relief channels for the realization of the executor’s claims.This article adopts the methods of literature,experience summary,comparative study and logic study to study the system of subrogation litigation of the applicant executor.In addition to the introduction and conclusion,the specific content of this paper is as follows.The first chapter of this article from the legislative and judicial levels,through the analysis and summary of China’s current subrogation litigation system existing problems,for the following exploration of China’s application for executor subrogation litigation to improve the path to provide space for discussion.First of all,at the legislative level,there are some problems in the litigation system of property analysis by subrogation in China,such as the absence of substantive legal provisions,the unclear ownership of litigation interests and the lack of substantive legal basis for property analysis.Secondly,at the judicial level,China’s property subrogation litigation system also has some problems,such as unclear litigation status of the person subject to execution,waste of judicial resources based on current regional jurisdiction and unclear division of shared property.The second chapter of this article provides the theoretical basis and direction guidance for the in-depth study of the subsequent application for the implementation of the subrogation property analysis litigation system from the source of the system,the power base,the scope of application and the applicable conditions.The origin of the system firstly defines the concept of subrogation and property analysis litigation through the analysis of the two sets of terms of subrogation and property analysis,and secondly,it realizes the source of the subrogation property litigation system by comparing with the traditional right of subrogation in civil law.The basic part of rights demonstrates the rationality and necessity of the subrogation property analysis litigation from three dimensions,namely,the subrogation property analysis litigation belongs to the statutory litigation responsibility,the relative breakthrough of debt,and the civil law principle that rights must not be abused.Subrogation property analysis litigation involves the interests of the applicant for execution,the person subject to execution and other co-owners,and involves the trade-off between the realization of creditor’s rights and the stability of property rights.Therefore,it is necessary to discuss the application scope and applicable conditions of the subrogation property analysis litigation before exploring the perfect path of the subrogation property analysis litigation,deepen the understanding and grasp of the system,and lay the foundation for more accurate exploration of the executor’s subrogation property analysis litigation.The subrogation litigation system can not only maintain social fairness and justice,promote the realization of the claims of the executors,but also prevent the executors from abusing their rights and improperly interfering in the common mutual relationship.The third chapter of this article explores the perfect path of my country’s executor’s subrogation litigation system from the two aspects of substantive rules and procedural rules.In terms of substantive rules,it mainly revolves around my country’s enforcement legislation.It is hoped that the subrogation property analysis litigation system will be specified in detail during the enforcement legislation that is being promoted in my country,so that the subrogation property analysis litigation system can better play its role in solving the situation involving joint property.Special role to promote the effective resolution of "difficult implementation" issues.In terms of procedural rules,first of all,in the subrogation property analysis litigation,the behavior of the person subject to execution of refusing to analyze the property before the commencement of the lawsuit shows that there is a conflict between the interests of the person applying for execution and the defendant should participate in the litigation as the defendant;The subject matter should be determined as the right to request the division of the common property;thirdly,in order to facilitate the masses to participate in the litigation and avoid the waste of judicial resources,a subrogation property analysis litigation should be added to the exclusive jurisdiction of the enforcement court;finally,the agreement division has priority over the judgment division in the property analysis rules.