Debt Protection Legal System Research

The instauration of saving from debt damage system breaches traditional principium of contract relativity, which make it possible for creditor to exert litigation right to the third person exterior based on contract relation. The new type of system counteracts a big legislation limitation of our debt law legislation in theory and consummates ordinary guarantee law system of our national debt. In fact, provide with vigorous law method to the behavior of damaging the interest of creditor such as evading law, escaping debt, which helps to implementing of debt and ensure the realization. The article mainly from visual angle of contract of law and discuss the quality, character, establishment conditions, exertion and effect of subrogation right and withdrawing right of creditor and so on, giving consideration to relevant regulations of traditional civil law theory and foreign legislation, and roughly discuss several problems which exist and need to consummate about saving from damage system of our national debt in legislationProtecting the creditor’s rights is an important system of the civil law, and is also the important content of the credit law. It plays very important role in guaranteeing the credit’s rights. It hasn’t been researched deeply in the field of law, and there are some problems existing in judicial cases which need to be resolved. The aim of the thesis is to point out that some incomplete issues still exist in China’s current system of protecting the creditor’s rights, and put toward the conception of consummating the system of protecting the creditor’s right. By means of researching the right of creditor on behalf of debtor and the right of creditor to cancel debtor’s power, and comparing with the statue quo of legislate and the analyzing of cases.