On The Civil Liability For Infringing Creditor's Rights

The system of infringement of creditor's rights has been generally established in all the countries since 20th cetury,however,up to now there has not been any in China. With the development of Credit Law and Statute of Tort.it has been finally concluded in the law of all countries that the tort of the third party may turn to an infringing act. Although the inviolability of creditor's rights is not concerned much by Chinese scholars,the reviewers all hold positive opinions .With the rapid growth of the market economy,there are more and more cases of infringing upon other creditor's rights.It is not favorable to the protection of creditor's legal rights unless there is a perfect regiclation in the system of creditor's rights of the third party.Therefore,it is very necessary to discuss the legal problems concerning the infringing of creditor's rights of the third party.Reviewing the theory of the inviolability-of creditor's rights and the historical development of infringing upon creditor's rights committed by the third party,this thesis puts emphasis on the constituents of infringing upon creditor's rights,concrete forms,ownership of liability,causes for the relieving of liability,the application of law etc.,and tries to propose some preliminary solutions from the perspective of combining theory with practice in order to benefit the judicial practice.