随着市场经济的发展,民间借贷日益增多,“三角债”问题也越发的日趋严重,代位权则是为了保障债权人的利益而创设的一项实体权利。代位权的建立突破了合同相对性的限制,对于债务人不积极行使自己债权的,赋予了债权人越过债务人而向次债务人追偿的权利,有助于最大程度的保护债权人的利益。由于法律的规定并不完善,代位请求权在适用过程中依然存在些许问题,如代位请求权适用条件的认定等,都阻碍了该制度的有效实施。只有消除阻碍代位权在民事诉讼中适用的羁绊,才能充分的发挥该制度维护债权人利益、保障交易安全的功能。本文以代位请求权在民事诉讼中的适用为主线展开论述,以其代位请求权实体功能和程序价值的实现提供些许建议。 Along with the development of market economy, the non-government borrowing is increasing day by day. The issue of “triangular debt” is also becoming increasingly serious. Subrogation is an entity right created to protect the interests of creditors. The establishment of subrogation has broken the restriction of the relativity of the contract. When the debtor does not actively exercise his own creditor’s rights, it gives the creditor the right to recover the debt from the debtor beyond the debtor and helps to protect the interests of creditors to the maximum extent. As the legal provisions are not perfect, there are still some problems in applying the subrogation right, such as the determination of the applicable conditions of the subrogation right, which hindered the effective implementation of the system. Only by removing the fetters that impede the application of subrogation right in civil litigation can the system fully safeguard the interests of creditors and ensure the security of transactions. This dissertation discusses the application of subrogation right in civil lawsuit as its main line, and gives some suggestions based on its subordinate claim entity function and procedure value.