Discussion On Some Issues Of Litigation For Right Of Subrogation

The system of right of subrogation is stipulated in /the People's Republic of China Contract law/ that enacted in 1999. The establishment of the subrogation right system in Contract Law has gained close attention of correlative fields. The system is regarded as a substantive right. However any clause in substantive law always manifests as the general normative proposition, the content and value of substantive law can gradually formed in the structure of general normative proposition merely upon the proceedings of contentious procedure. Only by the means of proceeds, lawsuit of right of subrogation, can the inner value of system of right of subrogation be realized and developed. This paper tries to probe into the theory and the practice for constructing and perfecting the proceedings for right of subrogation in our country. This thesis consists of preface, body and conclusion. The body has been divided into five chapters.Chapter1 introduces the formation of litigation for right of subrogation and the basic theories problem of litigation for right of subrogation from the generation, the development in our country, the litigious right, the indictment condition of litigation for right of subrogation and object of action of litigation for right of subrogation.Chapter2 aims at analyzing the problems in litigation for right of subrogation. I expounded them on jurisdiction, the time limited efficacy and expenses of litigation for right of subrogation, responsibility on offering proof of the parties, the litigation status and litigation right of the parties, the litigation effectiveness of litigation for right of subrogation, and litigation ceasing and reach agreement with the intermediation.Chapter3 uses the comparison of litigation for right of subrogation and other related litigation of subrogation such as subrogation of execution, insurer's litigation of subrogation, shareholder's litigation of subrogation to further clarify the substance and the characteristic of litigation for right of subrogation..Chapter4 emphasizes my opinion on the perfect of lawmaking of litigation for right of subrogation. I thought lawmaking of litigation for right of subrogation exist many shortage, we should strengthen lawmaking and sound it.