债权人代位权制度的法律完善

On the Law Relating to the Creditor's Subrogation System

债权人代位权制度是我国民事法律中的一项重要制度。作为合同法所确立的一项债权保全措施,对于保护债权人权益具有重要作用。我国的代位权制度与传统民法相比具有重大突破,但同时,我国现行的债权人代位权制度也存在一些弊端。通过对债权人代位权的概念、法律性质和成立要件及效力进行分析,拟就对完善代位权制度作出初步探索。

The creditor＇s subrogation system is an important system in the civil law of our country. As a protective measure established in the Contract Law, it plays an important role in the protection of the creditor＇s rights and interests. Compared with the traditional civil law there is a great breakthrough in the subrogation system of our country, but at the same time, our country＇s current creditor＇s subrogation system has some shortcomings, too. This article intends to have a preliminary discussion about how to perfect the subrogation system through the analysis of the concept, legal nature, important document s of establishment and legal effect.