Legal and Economic Analysis of the Exercise of Subrogation under the Perspective of the Civil Code
INTERNATIONAL JOURNAL OF TREND IN SCIENTIFIC RESEARCH AND DEVELOPMENT, 7 (1):
653-664 (February 2023)Abstract
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 creditors 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 creditors 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. 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, URL: https://www.ijtsrd.com/papers/ijtsrd52739.pdf Paper URL: https://www.ijtsrd.com/management/law-and-management/52739/legal-and-economic-analysis-of-the-exercise-of-subrogation-under-the-perspective-of-the-civil-code/jinxue-zhao