Research On The Third Party's Interference With Creditor's Right

The traditional theory divides the civil law system into the property relations and the relationship with creditors, including property relations by tort law adjusted relationship with creditors of the debt adjustment, tort law and the debt law carry out their duties, their boundaries is entirely different. However, as economic developments and changes in social structure, the boundaries between tort law and debt law is no longer so clear, the emergence of the third party's interference with creditor's right poses a major challenge to the civil theory of traditional. creditor's right is to be relative and do not have the publicity, it is a difficult problem to protect the creditor's right for its does not have the publicity . In recent years, the issue has become a hot topic of academic discussion. But scholars disagree on are also controversial. Which the focus of controversy on two issues: first, by the very law of tort claims protection? Second, if the tort law protection, its theoretical foundation then what is it? Based on the research of the development process of the third party's interference with creditor's right in continent law and Anglo-American and in-depth analysis on the various theories of the third party's interference with creditor's right ,this paper discussed general theoretical idea, constitute elements, and put forward my views on China's legislative status quo and future legislative .