On The Tort Of Infringing The Creditor's Rights

The question of the infringement on the creditor's rights has ever been a controversial issue in the context of the civil law and judicial circle in recent years. The reason is that the system of the infringement on the creditor's rights is a challenge to the traditional civil law and the tort law. The creditor's rights have relativity. Can it be an object to the tort law ? How is it designed in the civil law system so as to keep a balance between keeping the creditor's interest and the third's behavioral freedom ? In judicial practice, how to solve the questions about the third party's infringement on the creditor's rights and the debtor's breach of promise troubles the jurisprudence circle and judicial practice all along .From the lawful phenomenon and with the judicial precedents, the text points out that as an anticipatory interest, the claim should be protected in the tort law when it is infringed upon. But without non-typical publicity, the liability forms of the third party's infringement of the claim should be strictly controlled .The whole paper includes a preface and five sections.In the preface, the author brings forward the background and purpose of writing, the structure, the main contents, research methods and the characteristics of the paper.The first section brings forward the lawful question of the infringing on the creditor's rights which is happening frequently in the everyday lives , analyses the concept and characteristics of the system of the infringement on the creditor's rights , and points out that the infringement on the claim has the same characteristics as the general infringement, but it has its own characteristics.The second part reviews the historical development of the system of the third party's infringement on the claim from the comparative law, analyses the theoretical disputes in our country and discusses its theoretical values.The third part analyses and discusses the liability forms of the claim infringement and the specific forms of the claim infringement includes the agent's exemption from liability, the third party's acceptance of obligation, obstruction from fulfillment of obligation, alluring into breach of promises, malicious collusion, and intervention in acceptance of donation. The paper thinks that the imputation principles of encroachment upon the creditor is liability for fault ,and the legal components of third party's violating creditor's rights includes deliberate intention, violation of legal duty, actual losses or damages, causal connection between tortuous conducts and damages ,and legal effective claim.The fourth part analyses the requirement elements of infringement on the claim and the reasons for exemption from obligation and thinks that liability forms includes the direct liability of the direct encroachment upon the creditor's rights by the infringer, the direct liability of the indirect encroachment upon the creditor's rights by the infringer, unreal joint liability and joint liability. The reasons for exemption from liability are proper competition, fulfillment of obligation and advice. The paper also points out that discretionary suspense performance of contract and workers union's behaviors are not used in tort law.The fifth part analyses the legislation and judicial practice in our country and proposes the necessity that the system of claim infringement should be built in our country and our country should learn from Germany and Japanese legislation modes.The conclusion reviews the system of the claim infringements and expresses the hope of building the system of claim infringement.