债权人代位权诉讼适用若干问题探讨

A Research on Kinds of Questions about the Application of the Creditor's Subrogation Lawsuit

代位权是债的保全的重要方式。在代位权诉讼中,债务人的诉讼地位应具体分析;债的相对性原则可以突破;债权人行使代位权后应优先受偿;举证责任配置亦应区别对待。

The subrogation is an important method to save debt from damage .In subrogation lawsuits, the debtor抯 lawsuit position should be analyzed particularly based on concrete conditions. The relativity principle of the debt can be broken; The creditor should have priority to be repaid after exercising the subrogation. The disposition of the proof-raising responsibility should be treated with certain discrimination.