Research On The Expansion Of Res Judicative Subjective Scope Of Subrogation Litigation

Subrogation as the law to protect creditors legitimate,which protects the security of transactions, saves the litigation economic, shortening the payment period, real value can not be underestimated. At present, countries in the world establish a subrogation. In 1999, it has been introduced to China by the “Contract law of People’s Republic China”. Subrogation rights as an entity is required by way of action to achieve their intrinsic value, subrogation of litigation which came into being. Subrogation with respect to general civil litigation, it has particularity and complexity, which involves three parties, and double legal relationship, brought many new aspects of the program. Therefore, in order to solve these problems, and better safeguard the legitimate rights, it is necessary to conduct academic research in theory and practice. This paper combine expand of res judicative subjective scope and theory and practice related to the status quo at home and abroad, to introduce the expand of the res judicative subjective scope of subrogation legislation in depth, in order to further develop the role and value of subrogation system.This article includes an introduction, body and conclusion. The text altogether divides into five parts:The first part is the overview of subrogation. This section briefly introduces the basics of subrogation. Firstly, the author introduces the definition and connotation of subrogation. Then, the author discusses constituent elements of subrogation, determines to bring subrogation conditions. Then, on the basis of "subject of a lawsuit said", the author comprehensive analyzes the subject doctrine of subrogation, defined the subject of subrogation litigation.Finally, from a proper party theory, clear the nature of subrogation litigation.The second part is the basic theory of res judicative subjective scope. Theory of res judicative, as one of the three basic theories Civil Procedure Law, the author focused on two basic analyzes res judicative subjective scope. One is res judicative subjective scope; the second is the expansion of res judicative subjective scope.The third part is the theoretical basis of the expansion of res judicative subjective scope of subrogation litigation. The chapter introduced the theoretical basis of he expansion of res judicative subjective scope of subrogation litigation. Disposable pursue litigation to resolve disputes the idea of one-time settlement of disputes, the interests of the protection requirements of sub debt given their equal legal protection, both for the expansion of res judicative subjective scope of subrogation litigation create a theoretical premise, and the formation mechanism of the procedural safeguards improvement compared to he expansion of res judicative subjective scope of subrogation litigation provides legitimacy subjective basis.The forth part is doctrine of the expansion of the subjective scope of res judicative of subrogation litigation. On the basis of the doctrine of the expansion of the subjective scope of res judicative of subrogation of litigation, world scholars has proposed four different theories, mainly through the following four stages: the first stage is the subjective scope of res judicative of subrogation of litigation does not expand; the second stage for the full expansion; the third stage is valid and in favor of the judgment debtor; The fourth stage is the emphasis on basic procedural safeguards on the judgment debtor.The fifth part is Chinese path of the expansion of the subjective scope of res judicative of subrogation of litigation. Firstly, the author introduces litigation status of debtor and other creditors in the subrogation litigation. Then, the author combine the res judicative subjective scope of subrogation litigation and China’s specific legislation and practice situation, on the basis of procedural safeguards on the res judicative subjective scope to the debtor, not expansion other creditors.This paper uses a comparative analysis, document analysis and value analysis and other methods of subrogation to expand res judicative subjective scope discussed. Through determine the judicative subjective scope, in order to effectively implement subrogation system, prevent the occurrence of repeated complaints, while improving judicial efficiency, saving judicial costs and improve the judicial authority, to protect the legitimate interests of all parties subject.