A Third Party Claims Responsibility System Research Infringement

Our country is at the important period of codifying Civil Law. The articles of the third party infringing claim right are supposed to become one of the focuses, though some scholars have once done the corresponding research. However, they haven't been written into legislation. Liability system of the third party infringing claim right has been concerned in China for many years. The national discussion manuscripts of Contract Law published in People's Daily on September 1st, 1998 has such requirement,"the third party shall be liable for the damages to the creditors if he knows the claims and liabilities between the parties but deliberately obstruct the debtors to fulfill their obligations and violate the rights of creditors by improper means."But the ordinance was not retained in the final adoption of Contract Law. The same situation also appears in our country. Before the promulgation of Tort Law, article 55 of PRC Draft of Tort Law and Description led by Professor Yang Lixin had such requirement,"those shall bear tort liabilities who know that other people have claims but prevent debtors to fulfill obligation by inducing, coercing or harming the debtors."Article 34 of Chinese Civil Code Draft of Tort Law led by Professor Zhang Baoxin had such requirement,"the party concerned has the right to request the third party to compensate the losses if the third party induces frauds or coerces the party concerned to breach the contract."But unfortunately, the ordinance was not retained in Tort Law passed at the Twelfth Meeting of the Eleventh National People's Congress, which was held on December 26th, 2009. And that made China miss a system which was universally practiced in other countries in the 20th century. It is really hard to explain the situation. Does our country need to build up our own liability system of the third party infringing claim right? What breakthroughs does liability system have upon the traditional civil law theory? Should the system be regulated by Contract Law or Tort Law? What kind of system should be built?This thesis consists of four parts:The first part is the extra-territorial jurisprudence and doctrine of the theory of non-infringement claims. The author makes individual analysis on theories of the third party infringing claim right and relevant cases in Britain, American, German and Taiwan's civil laws, which paves the way for the following discussion about the breakthroughs of liability system of the third party infringing claim right upon the relative principle of debts. The second part introduces the plight of the relative principle of contract in the traditional civil laws. This part is aimed at revealing the reason of the plight by discussing the sources, formation and development of the plight. The formation of the plight arises from the specific era of the relativity of debts. However, with the development of times, there appear new situations. Thus the case of the third party infringing claim right becomes an exception of the relative principle of debts.The third part discusses the breakthroughs of liability system of the third party infringing claim right upon the relative principle of contract. It comes to a conclusion that it is very necessary to build the liability system of the third party infringing the claim right in our country's legislation by analyzing the theoretical, practical and legislative breakthrough of it.The fourth part is the assumption upon the building of the third party infringing the claim right. At first, the establishment of a system must have its necessity. Secondly, analyze the development in reality. Finally, build the system of the third party infringing claim right based on the realistic foundation, to achieve the purpose of solving problems.