Research On The System Of The Third Party's Infringement On The Creditor's Rights

In order to get an accurate and overall recognition on the system of the third party's infringement of the creditor's rights, this paper conducts a historical inspection it. Based on the deep discussion of the concrete patterns and important integrants,the author proposes the definition of the third party's infringement of the creditor's rights. In regard to the theoretical basis of it, the creditor's rights can not make effect on a third party for being a comparative right,and can not demand the third party to assume the debtor's obligations,rather than a third party willful infringement upon the realization of rights of creditors. As a kind of rights protected by law,the creditor's rights possesses the characteristics of inviolability,which originates from the comparative effect to the outside. So, when the third party infringes the creditor's rights, the creditor has the rights to claim for compensation to the third party, and should not be bound by the comparability of creditor's right. A third party tort can be divided into two categories,one is the infringement unconcerned with the debtor's consciousness,and the other is the infringement related to the debtor's consciousness.The important integrants of the infringement implemented by a third party which covers:(1) The object of infringement is legal and valid creditor's right;(2) The behavior is malfeasant;(3) Behavior main body refers to a third party beyond the debt relationship;(4) Intent to infringe upon the creditor's right subjectively is necessary;(5) There is the result of the damage consequence;(6) Tortious behavior is the reason of damage consequence.Finally,in trying to ascertain the liability bearing of the third party infringing the creditor's rights, this article also discussed some problems about the third party infringing the creditor's rights,for example,the main body of the responsibility undertaking,the type of responsibility and the ways of the responsibility undertaking. On the ground of this,the author draws the conclusion that the civil liability of the third party infringing the creditor's rights have to include two kinds,the independent responsibility of the third party,the supplement responsibility of the third party and debtor.