Subrogation System Situation In China

Creditor's subrogation system is a kind of credit preservation system, Originated from the French civil law, and then followed by many civil law countries .Creditor's subrogation system is a transplantation of law in our mainland. During the transplantation of law, tradition of Creditor's subrogation system has been well kept in Taiwan of China, and the system has played an important role of credit preservation. In the process of legal transplantation .Considering the extent and level of our market economy development, we have made some improvement of localization of creditor's subrogation system. As we use the system in practice, its disadvantages have become prominent day by day, such as constitutive requirements standard fuzzy, object scope too narrow, exercise only by action, and lack of the operability, which lead the absent treatment of this system, and also make it hard to play a role of the security of creditor's credit and maintenance of transition security and order. This article reviewed and analyzed the differences of the creditor's subrogation system in Taiwan of China , our mainland and traditional civil law, especially compared the difference of creditor's subrogation system in traditional civil law and our mainland on composition and application.. It also analyzes the disadvantages of the Creditor's subrogation system in our mainland, and finally, according to the awkward situation of the judicial practice of the creditor's subrogation system in our mainland, suggestions to solve the problems are put forward.