Empirical Study On Subrogation Of Due Credits

The system of subrogation of maturity claims is a kind of civil execution procedure.Its execution power comes from the theory of subrogation rights in civil law,which is a reflection of subrogation rights in substantive law and procedural law.Since the execution of due creditor’s rights has always been the focus and difficulty of civil enforcement work,constructing a perfect system of subrogated creditor’s rights subrogation will help improve the efficiency of execution and help to solve the long-standing difficulties of civil execution.This article takes the actual situation of the subrogation of maturity claims in China as an entry point for inspection,and takes the execution documents on the subrogation of maturity claims on the Chinese referee documents as a research sample.Through investigation,it is concluded that the applicable time for the subrogation of maturity claims in China is long.,The geographical area involved is wide,the applicable cases are concentrated,and the review of the execution of due claims and the review of objections in practice.It summarizes the characteristics of the subrogation of due claims in practice: the courts have different recognition and enforcement standards for expired claims,the frequency of third-party objections and applications for reconsideration,the higher judgment rate after review by the higher court,and the due claims The subrogation enforcement subrogation right litigation rate is low and the hearing procedure application rate is high.It is analyzed that the main problems in the practice of subrogation of due creditor’s rights are:serious problems of illegal enforcement of due creditor’s rights by some courts,widespread abuse of dissent rights by third parties,and unclear understanding of the powers and scope of dissent review andreconsideration review by some courts.The reasons are as follows: first,the incomplete theoretical basis;second,unclear legislative ideas;third,inaccurate system design;fourth,the lack of understanding of executives;and fifth,the result of the imperfect social integrity system.The solution to the practical problems of subrogation of maturity claims should strengthen the guiding position of the principles of adhering to the principle of efficiency priority and fair consideration,adhering to the absolute principle of separation of trial and execution and the principle of relative review of execution,and adhering to the principle of balancing rights and obligations and protection and relief.It is specifically resolved from the following aspects: one is to strengthen the regulation of the court ’ s abuse of enforcement power,the second is to increase the regulation of the third party’s abuse of the right of dissent,and the third is to optimize the court’s procedures for the review of the objection and reconsideration of the due creditor’s right.