Improving To The Subrogation Of The Applicant For Execution Proceedings

To solve the execution applicant executor Shared property,ensure the realization of creditors,widen the channel of the creditors to maintain its legal debt relief,our country in the supreme people’s court of the people’s court for civil enforcement of property seizure,detainment or freeze regulations(hereinafter referred to as the "confiscated frozen sets")provided in article 14 of the execution applicant shall have the right to file subrogation litigation analysis yields.But this judicial interpretation provisions too summary,analysis on the generation of litigation "subrogation" legitimacy,the rationality of the right foundation does not relate to,lead to trigger a series of status in the procedure of lawsuit,litigation referee range,such as the lack of operability in practice and uniformity,around the court applicable range,is likely to lead to execution applicant’s rights is hard to get effective protection,and production litigation of subrogation analysis is difficult to play its unique role to solve the problem of execution of the joint property.Full text altogether more than twenty-eight thousand words,besides preface and epilogue,is divided into five parts,mainly expounds the current application execution subrogation analysis litigation problems existing in the production,subrogation analysis of litigation value,this paper claims the rationality of the foundation,the legitimacy of "generation",the lawsuit based on the analysis of the classification and the type of combining with the domestic situation and the experience outside of case analysis to the application execution in our country generation of litigation perfect suggestion,specific as follows:The first part analyzes the problems existing in the current litigation of subrogation.This part analyzes the lack of necessary system design for the provisions of current laws and regulations on the subrogation litigation of the applicant for execution through theory and data.The theoretical basis of "subrogation" in the litigation of subrogation of the applicant for execution is vague,the reasons for the absence of corresponding legislation in substantive law and the defects in judicial practice procedure as well as the problems derived therefrom.The second part demonstrates the theoretical basis of subrogation litigation and analyzes the value function of subrogation litigation.In this part,the author firstly explains the structure of the litigation right,explores the rationality of the applicant’s "right of division" and the legitimacy of subrogation,and explores the theoretical basis of the litigation system of subrogation.Then compare outside on the implementation of the joint property,analyses the necessity of subrogation analysis to produce lawsuit applicant executor,explains the execution applicant subrogation analysis to produce good balance of litigation the realization of creditor’s rights and the interests of the people common ownership relations,is innovative in our country the new involved for solving difficult execution the joint property executive lawsuit type,and then from discrimination applicant executor subrogation analysis made in litigation and the creditor subrogation litigation,and analysis of subrogation of litigation timing Angle of subrogation litigation value function analysis production.The third part divides the types of subrogation litigation.In this part,the different situations of the subrogation litigation of the applicant for execution are divided,and according to the subjective expression of intention and objective behavior of each party,a series of procedural supporting problems such as the basis of the right of claim,right of action,litigation status and remedy measures of each party in the subrogation litigation of the applicant for execution are sorted out.The fourth part puts forward some Suggestions on improving the litigation of subrogation.This part mainly in our country’s actual situation combined with the type analysis and overseas experience,to improve the application for execution of subrogation litigation of the theoretical basis,the way of hearing,procedures and other specific Suggestions.