On The Third Party System, China's Tort Liability Act

The paper adopts historical research methods, research methods of comparative law, and case research methods to discuss the System of Third Party in the Law of Liability for Tort from the longitudinal and transverse orientations. First of all, the author present the value and meaning of the system; second, the author summarize current theory on the system, mainly along the way of Roman law, continental law and common law, the author review carefully the origin and evolution of a third person; Comparing Third Party in the Law of Liability for Tort with Infringer, Victim and Third Party in civil litigations, the author conclude the characteristics of Third Party System in the Law of Liability for Tort; In the fourth part of the paper, the author define the third person in the terms of constitutional elements, that is:Third party should have subjective fault and objective actions; furthermore, he should have no specific relation with either of infringer and infringed. In the final part of the paper, the author discusses Third Party in specific types of Liability for Torts in the scope of Chinese Law of Liability for Tort. on the basis of comment on the advantages and disadvantages of current regulation, the author make relating advice for further research. By the means of discussing in the paper, the author come out with the definition to the realm of Third Party in the Law of Liability for Tort, as the result of it, the availability of the theory is strengthened, and reference is provided for judging correctly Third Party and deciding legally liabilities of each party in judicial practice, avoiding abusing the title of Third Party in practice and expanding improperly the range of Third Party, realizing the balance between Behavior freedom and rights protection under the tort law.