代位执行分析-诉讼法学专业论文.docx

2 2 1 1 Abstract Subrogation Performance means, when the judgment debtor can’t pay off his debt expired, the court forces the third party to repay the judgment creditor the debt expired which he owes the debtor based on the application put forward by the creditor or the debtor in the process of performing. As a special procedure of execution, it has been agreed on that Subrogation Performance has fulfilled a useful function in carrying out the title of execution gone into effect quickly and cheaply. Study on Subrogation Performance is only to explain rules of law and analyze the theories, so it is disadvantageous for perfecting Chinese legislation. The paper discussed and compared legislation at home or abroad, and raises some suggestions for Chinese legislation. There are three parts in addition to the introduction. They are taken up respectively as the following. Introduction: It is a important significance to relieve the difficulties of execution that the system of Subrogation Performance has been established in China in order to solve the problem, but the function of the system of Subrogation Performance is limited because of the shortage of the legislation and the theories concerning it in China at present. The paper goes to further into the study of the system so as to present some suggestions by analyzing, comparing and introspecting. Part one: The main contents of the Subrogation Performance. It’s the system by which the creditor’s credit can be implemented by exercising his debtor’s right according to the interpretation of the law concerned. It is a special procedure of execution for the reason that the parties, the objects and the title of execution are all special. The nature of Subrogation Performance was also concerned. Part two: The relation of Subrogation Performance and Subrogation Right. Their purposes of lawmaking are to guarantee that the debt will be paid which owes the creditor, so they have the close contacts. There are quite differences betwee