| In the society ruled by law, effective legal documents to determine the content of the rule of law is the most basic realize purposes and functions.The complexity of social relations and trade risk determines the obligor refuses to perform the obligations of the situation is unavoidable. Civil enforcement legal system is adjusting civil law enforcement activities of normative summation. But civil enforcement procedures for civil rights is the country provides the male aid force means one, its fundamental function is to restore the last realize satisfactory state rights provided protection. In debtor refused to perform effective legal documents under condition of national law endows the creditor in order to apply for a court to carry out the means, otherwise, the effect of the civil decision will old parchment, even the existence of law and applicable will &doubted about. As a kind of subrogation execution of the debtor’s property special component namely credits to enforcement implementation methods, be helpful for protecting the lawful rights and interests of creditors, safeguarding the obligee’s rights realization, improve efficiency, and to solve practice widespread triangle debts and civil enforcement difficulty problems are playing a positive role, therefore, the subrogation execution system is maintaining social credit system and safeguard the transaction security essential legal system. How to perfect and perfect our country subrogation execution system has become more and more realistic a problem.However, China’s current legislation on subrogation execution system regulation is more ambiguous, imperfect. Feasibility is not strong, related theory, the lack of systematic theoretical study failed to deeply, which has limited the subrogation execution system of perfect further, to limit its play a bigger role. This paper analysis, comparison, summarized the research methods to implement a system of subrogation related theory made a more detail, abroad and Taiwan to the relevant legislative cases are introduced and compared, and on the basis of analyzing the defects of legislation in our country, to perfect China’s subrogation execution system make further thinking and puts forward related Suggestions. This article by a case derivation of subrogation execution introduction to the theory and the biggest innovation lies in combining supervision procedure relevant content, puts forward the implementation procedure of subrogation system, in order to can improve the subrogation execution of operation. This article from the introduction, conclusions and main body part, this paper main part four sections:Chapter 1:"subrogation execution system theory research" by a case to elicit the introduction to the theory of enforcement system, analyzes the characteristics of subrogation execution, namely the particularity, the executive body of the object particularity, the implementing procedures, and then in the particularity of the theoretical basis of according to related to the nature of subrogation execution system are analyzed. Finally to our current legislative provisions are analyzed based on subrogation execute related implementing application conditions.Chapter 2:"other countries and regions relevant legislative cases of comparative study of to Taiwan, Japan and Germany relevant subrogation execution legislation and practice was briefly introduced, and with our to implement a system of was analyzed and compared, and summarized some are worth our using for reference of learning experiences.Chapter 3:"our subrogation enforcement system and the status of defect" introduced briefly in China on subrogation execution legislation present situation, for our current subrogation execution system defects and deficiencies is systematically discussed.Chapter 4:"about sound the our country civil subrogation execution system thinking" under the foregoing subrogation execution system in our country, the defects of our country on how to reconstruct tussle to implement a system analysis and the ponder that combines supervision procedure relevant content, puts forward the implementation procedure of subrogation ideas. And Suggestions for reference in foreign and Taiwan related system of successful experience, reforming the subrogation execution system, make it play a proper role.Creditor’s right due, subrogation execution, improvement Suggestions, supervise and urge program... |
