审判实践中,债权人代位权的行使有相当的困难,有赖于对它作正确的解释和适用,需要吸收国外判例学说的先进经验,并借助我们的司法实践以充实法律生命。本文拟结合审判实践,就我国债权人代位权制度谈些看法。 Judicial practice, the subrogation of creditors have considerable difficulties in the exercise of its correct interpretation and application depends on the need to absorb the advanced experience of jurisprudence in foreign countries, and through our judicial practice to enrich legal life. This article intends to combine judiciary practice, to talk about China’s creditor subrogation system.