我国债权人代位权制度的适用

The Application of Creditor Subrogation System in China

我国《合同法》设立债权人代位权制度已近二十年,随着社会关系的复杂化,代位权制度是否还能在债的保全功能上紧跟社会的发展值得正视与反思。加之近几年民间借贷频繁,"三角债"现象大量存在,对于债权人代位权制度能否发挥其应有的作用也存在诸多争议。重构一个适应我国社会现状的代位权制度,应扩充债权人代位权的行使范围和客体范围,并修正代位权行使效力。

It has been nearly twenty years since the creditor subrogation system was established in the,Contract Law in China.As the social relations become more"and more complex,it is worth facing and reflecting whether the subrogation system can keep up,with the development of society in the preservation of debts.Moreover,frequent private loans in the market have led to a great many unhealthy debt chains.Disputes have been aroused on whether the creditor subrogation system can function as expected.To restructure a new subrogation system which suits the current social condition in our country,we should expand the exercise scope and object scope of creditor subroga- tion and amend its effect.