The Performance Of Subrogation

The civil executive procedure is the important safeguard to the civil right relief, It is the last judicial defense line which the petition for execution person legitimate creditor's rights can realize, not only it relates to the social stability economy life the stability, but also to relates the national judicature the male letter strength and the authority. But the generation of position execution - in the civil implementation,it is carried out the human not to be able to pay off the due debt, but enjoys the due creditor's rights to outside the this case third person, The people's court may depend on the petition for execution person or is carried out human's application, carries on to the third person enforces. Its took one kind special carries out the system, to fast, realizes inexpensive becomes effective the content which the legal document determined. It satisfies the petition for execution person's creditor's rights to have accumulates the level the function, regarding this the theorists and the practical realm already achieved the mutual recognition. It is well known that because of the limitation which knew, the legal standard establishment lags obviously in the richly colorful social life. To solve the diverse and confused legal relationship request, the theory and the practice often has the disparity, even departs . Develops inceasingly in the socialist market economy system and consummation today, the generation of position execution was more and more widely advocated by the petition for execution person, but because of the legislation stipulation is too broad and general, has caused the difference and the law which the people understood is suitable on the difficulty, Therefore the generation of position execution also urgently awaits the standard requlation and improvment.In view of the fact that our country enforces the legal principle theory of law to discuss the research and the legislation practice day by day thoroughly, I choose a generation of position to carry out the system to take the graduation thesis, attempts to be supposed to carry out the system to make the further ponder and to inquirement. This article divides into three major part the introduction, the main text and the conclusion three major parts.