On The Third Party's Infringement On The Creditor's Rights

The paper considers that a third party's infringement on creditor's rights refers to a third party beyond debt relationship on purpose or with evil intention implements to make the creditor's property interests damaged by impairing the realization of creditor's rights, and is responsible for compensation for damage. The form of a third party's tort can be classified as direct tort and indirect tort. Direct tort has two kinds of form, one is that a third party punishes or exercises creditor's rights, and make creditor's rights eliminated directly, the other is creditor's rights are damaged directly because of the action of the third party. Indirect tort can be divided into substantial infringement, direct luring, indirect-direct infringement, and indirect-indirect infringement. The important constructive conditions of a third party's include four, namely intent, action illegality, damage, causality. The legal liability in a third party's tort include three: First, the third party bears liability alone; Second, the third party and debtor bear joint liability; Third, the third party and the debtor bear untrue joint compensation obligation. Besides includes all causes exempted from liability in the general tort, a third party's infringement upon creditor's rights has yet three case which can be exempted from liability, namely justice competition, duty implementation and advice.The paper thinks as well that the jurisprudence basis of establishment of the system of a third party's tort in our country is the theory of inviolable character of creditor's rights and legal value basis with fair and efficiency, and its legal basis all reflect, to some extent, on the constitution and civil law. There are three systematic necessities: First, to secure the rights and interests of creditor; Second, to safeguard the security and order of bargain; Third, to protect the justice competition. Through analyzing above-mentioned aspects, I thinkestablishment of the system of a third party's tort in our country is feasible, and make an attempt on how to establish the system in our country.