代位权诉讼与其它代位诉讼形态之比较

A Contrast between Claimant's Action of Subrogation and other Actions of Subrogation

代位权诉讼与代位执行、保险人代位求偿诉讼、股东代位诉讼等其他代位诉讼形态不同 ,它作为典型的代位诉讼形态 ,具有自己的实质和特征 :代位权诉讼是一种法定的诉讼担当 ,其基础为债权人之“诉的利益”,债权人提起代位权诉讼的目的是为了保护自己的合法权益 。

Clanimant's Action of Subrogation differs from some other actions of subrogation,such as subrogation of execution, insurer's action of subrogation,shareholer's action of subrogation etc. As a typical form of action of subrogation, it has the following distinctive essence and characteristics:Claimant's action of subrongation is a kind of legal assumption based on the creditor's 'litigation benefit'.The creditor's aim for filing an action of subrogation is to protest his/her legitimate rights and interests.The substantive lawful results arising from the action is directly attributed to the creditors.