【摘要】 代位权是一种实体权利,其实现方式分两种:代位权诉讼和代位申请执行,二者在我国都有所规定。代位权诉讼有其自身的优势,而代位申请执行由于在我国民事诉讼程序设置中的不当,存在一定的缺陷。为此,在强制执法的立法设置上应考虑到与实体法的一致性,重新审视代位申请执行是否有存在的必要。更多还原

【Abstract】 The right of subrogation is substantial one that can be realized by the lawsuit of subrogation and the application for execution in subrogation. Both ofwhich have a new stipulation in our country. The lawsuit of subrogation has some advantages of its own, but the application for execution in subrogation has a certain defect due to the fales in procedural designs in our corntry. Therefore , the necessity of the application for execution in subrogation should be recondidered.更多还原