Implement The Creditor Subrogation In Our Country

Law is a tool to balance the interests of society,as well as to maintain the fairness and justice of weight.Thus,to some extent,the emergence of the legal system,the formulation of legal provisions not only reflect the urgent needs of the judicial practice,but also meet the practical application of justice,to resolve social conflicts needs.As the policy of reforming and opening up is implementing,China's economic development model had a dramatic shift from copying the planned economy of former Soviet Union,to the gradual liberalization of government regulation in some areas,which realized a state of self-regulation and operation pertaining to the market "invisible hand".To some extent,this relaxed the freedom of the individual,allowed individual parties to have commodity economy status,also allowed varieties of exchange and voluntary spontaneous behavior,which considerably stimulated China's economic development.But with the rapid development of economic exchange,there were series of disputes emerged from exchange relations,among which the party does not fulfill its obligations and meanwhile damage the interests of creditors is particularly prominent.How to protect the interests of creditors became critical to maintaining the normal functioning of the commodity economy.At this time,our country promptly learned from overseas legislative experience regarding the development of creditor's subrogation system,and hoping to institutionalize and codification this claim.To illustrate the creditor's subrogation system,the whole thesis is divided into the following three parts:The first part is an overview of this system.Starting from introducing the concept of subrogation,the writer mainly focuses on discussing different theories about how to define the nature of right.This part the writer analyzes the value of the legislative system,and put forward a contrary value orientation,which stemming from of a different choice rooted in a deeper level theoretical basis between our country and overseas..The second part illustrates the regime based on two different theories.By introducing the relating system of France,where direct rule-based repayment provisions in the legislation of the storage rule as the cornerstone,Japan and China's Taiwan region and that of the mainland,the writer does a comparative analysis of different details in the design of the system,as well as the advantages and disadvantages of the two theories.The third part is to make some suggestions on our creditor's subrogation system.Through the reconsideration of the "Rule of Warehousing",the writer wants to explore whether it is necessary to bring back the "Rule of Warehousing",and by the way put forward some measures to improve the existing system under the provisions.