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
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