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Legal and Economic Analysis of the Exercise of Subrogation under the Perspective of the Civil Code

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Legal and Economic Analysis of the Exercise of Subrogation under the Perspective of the Civil Code


Jinxue Zhao



Jinxue Zhao "Legal and Economic Analysis of the Exercise of Subrogation under the Perspective of the Civil Code" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-7 | Issue-1, February 2023, pp.653-664, URL: https://www.ijtsrd.com/papers/ijtsrd52739.pdf

This paper adopts the methods of standard analysis, data analysis, analysis of similar cases, visual analysis method, based on the subrogation right system under the perspective of the civil code, and studies the main dispute focus of the case. The dynamic game model and the cost-benefit analysis framework are mainly used to analyze the spontaneous behavior of the parties in the subrogation system. China should further strengthen the protection of creditor's rights, improve the litigation procedure of creditors to exercise the subrogation and cancellation right, improve the efficiency of resource utilization, strengthen the capacity building of judicial personnel, enhance the comprehensive quality of judicial personnel; implement the supervision and management responsibility, and strengthen the consciousness of debtors to protect the creditor's rights. Based on the interpretation theory of the Civil Code, the requirements of subrogation exercise still need to be improved; the uniformity of law application still needs to be strengthened; the incentive mechanism of the parties still needs to be improved.

civil code; subrogation dispute; evidence proof standard; legal economics


IJTSRD52739
Volume-7 | Issue-1, February 2023
653-664
IJTSRD | www.ijtsrd.com | E-ISSN 2456-6470
Copyright © 2019 by author(s) and International Journal of Trend in Scientific Research and Development Journal. This is an Open Access article distributed under the terms of the Creative Commons Attribution License (CC BY 4.0) (http://creativecommons.org/licenses/by/4.0)

International Journal of Trend in Scientific Research and Development - IJTSRD having online ISSN 2456-6470. IJTSRD is a leading Open Access, Peer-Reviewed International Journal which provides rapid publication of your research articles and aims to promote the theory and practice along with knowledge sharing between researchers, developers, engineers, students, and practitioners working in and around the world in many areas like Sciences, Technology, Innovation, Engineering, Agriculture, Management and many more and it is recommended by all Universities, review articles and short communications in all subjects. IJTSRD running an International Journal who are proving quality publication of peer reviewed and refereed international journals from diverse fields that emphasizes new research, development and their applications. IJTSRD provides an online access to exchange your research work, technical notes & surveying results among professionals throughout the world in e-journals. IJTSRD is a fastest growing and dynamic professional organization. The aim of this organization is to provide access not only to world class research resources, but through its professionals aim to bring in a significant transformation in the real of open access journals and online publishing.

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