On Reconstruction of the System of the Obligee's Rights of Subrogation in China

The system of the obligee's rights of subrogation, which was introduced to our country when making the unified contract law and was purposely innovated in the aspect of the designation of performing the subrogation right's objects,measures and effects in connection with the serious problems existing in the chain default debts and in the obligor's obligation erasion and abolishment. However, as for the new measures having been put forward, it is difficult for the new system of the subrogation right to guarantee the obligee's legal interests, and the legislators' original aim can not be completely achieved either. Therefore,we should observe the tradition theory of subrogation right to reconstruct Chinese system of subrogation rights.