System Of A Third Party Infringement Claim

The third person against the claims system is a right to protect the interests of creditors and their importance with the system, but because of its relative nature of the contract theory of the formation of a large shock and thus the theoretical circles mixed the value of its existence, significant differences. But despite the existence of third-party infringement claims system, a lot of controversy, but many of the world all had their national legislation in order to be confirmed by a variety of ways, and in practical operation has achieved good results, but our research in this area is in the the initial stage, the system is a blank, this state of the modernization of civil law and the establishment of a socialist country ruled by law is extremely unfavorable, so this this as its theme, in line with the principle of integrating theory with practice, trying to right this system is essentially a new theory to explain an attempt to achieve a breakthrough paper first claim from a third person encroaches on the concept associated with the first solution to the third person encroaches on the scope of claims, and then based on their content analysis of a third person against the claims should be the characteristics of allowing the reader to a third party claim against an overall understanding of, and then through the historical analysis of the approach allows readers to understand the third-party claims against the establishment of the system is a historical necessity, in this third person encroaches on the basis of analysis of the theoretical basis for claims to prove that a third party infringement claims system is necessary. After the theoretical basis for problem solving, this article will start on the third party claims against the discussion of attribution theory, because only solve this problem in order to solve our research point of view on the issue. In determining the angle of the premise of the study, the following question is at this point of view under the guidance of a specific system into the building, including claims against third constituent elements, exemptions, as well as shared responsibility, and finally return to the status quo of China's legislature, will put forward appropriate China's special characteristics of the legislative proposals.In this paper, the research process is the main approach to the study of comparative law research methods, the main reference to Germany, Britain and other countries of the legislative achievements, its advantages and disadvantages compared to the dross whichever essence in order to identify the third person against the system in the presence of the reasonableness of the specific structure of the constitutional elements, as well as the specific model of burden-sharing on issues such as specific solutions to resolve our country's legislation and practice has been or is about to occur, the paper in the writing process in the light of relevant case had tried to carry out substantive Comparative analysis of the angle, but the support for this view suffer from too little material so that referees can not get strong support, this article in the domestic case studies may be lacking, but I hope this in the first part of the classic case of foreign quote to be rectified. This paper also uses historical analysis, by analyzing the third person against the claims system, the evolution in various countries, claims to be China's third person encroaches on the evolution of the system trajectory on China's possible future problems for forward-looking analysis, obtained In the system design and reasonable recommendations.At present, China's "Tort Liability Act" has passed, but for a third infringement claims system does not a clear definition, which undoubtedly a flaw in our legislation, which is bound into a practical profession according to the legal application of the dispute is not conducive to the dispute The reasonable solution is not conducive to safeguarding the legitimate rights and interests of creditors, this article on the rationality of the system is re-emphasized in the hope that the legislative process in the future to get the legislature's attention, thus improving the system.