On The Estalishing Of The System Of The Third Party's Infringement Of Creditor's Rights In China

In recent years, with the changing of the society, so many cases were brought against the third party's infringement by the creditors. In order to protect creditor's rights from the third party's infringement, the judge did a lot of effort under the legal system. But the legal system of the third party's infringement of creditor's rights is not established. It brought out some issue, especially play a negative role in judicial area.Compares the theories and legal practices of the third party's infringement of creditor's rights in civil law system and system of Anglo-American law, especially it's establishment and development, we can find that civil law system and system of Anglo-American law are coordinate in the acknowledgement of the third party's infringement of creditor's rights. Although there are great differences in specific contents, they all established the system and enforced it.There are many arguments on whether the system should be established. Some scholars issue main reasons to oppose the establishment of the system of the third party's infringement of creditor's rights. The others argue that the reasons shouldn't be the theoretical barriers to the establishment of the system. But we should beyond the arguments and response the need of the practice. Admitting the creditor's rights are in some way against the third party doesn't mean the denying of the relativity of creditor's rights. So we should establish the system under the Tort Law system. Considered the traditional opinions of tort law system and the specific situation of the system of the third party's infringement of creditor's rights, it can be concluded there are four parts in the causation requirements of the thirty party's infringement of creditor's rights. They are the subject, vicious intention, legal creditor's rights as the infringement object, and the illegal behavior, harmful results, and the causal relationship between infringing behavior and harmful results. Furthermore we should keep balance between the economic freedom and economic security.