The Research Of Creditor's Rights Infringed By The Third Person

In the traditional civil law theory, the relief object of tort law is absolutely right. Because the creditor's rights that is the prime minister's power, but not in its extent of protection. Over time, Western society has entered the Post-capitalist era, China has gone through a reform and opening up an extraordinary 30 years. During this period, the social environment has changed dramatically. On the one hand, the creditor's rights more and more attention. On the other hand, it has become more serious violations suffered, badly damaged the interests of creditors. Efforts to increase the protection of creditor's rights have become a serious problem that the two legal systems countries of Civil Law and Common Law face together. In this context, the system of the third party infringing creditor′s rights at the historic moment.This paper based on a Comparative Study on the system of the third party infringing creditor′s rights, and describes the system of foreign legislative and judicial status. By discussing in the theoretical foundation of the third party infringement creditor's rights system to answer the third party infringing creditor′s rights on the feasibility problem. In the rationale supports the third party infringing creditor′s rights system's foundation, has analyzed the creditor's rights tort of concrete form, the constitutive requirement, the relief matter, and finally returns to the third party infringing creditor′s rights system in our country to establishment and development the specific circumstances. This article hopes that through a series of analysis as well as elaboration, for the third party infringing creditor′s rights system establishes to provide some positive suggestions. The paper is divided into four parts:The first part of the system of third party infringement creditor's rights the general theory. This section first defines the system in order to grasp the article discusses the direction of tort claims followed the main features described, and then to establish the theoretical basis of the system to conduct a comprehensive argument.The second part of Comparative Study inspection of the system of third party infringement creditor's rights. This part by analyzing the relevant provisions of French Law, German Law, Japan Law, Taiwan region Law, and Common Law to explain the system in its own development characteristics to the system of the third party infringing creditor′s rights the background analysis of purpose.The third part, make a specific institutional analysis to the system of the third party infringing creditor′s rights. This section first to pave the way for the concrete form of creditor's rights tort, leads to the system of the third party infringing creditor′s rights the constitutive requirement, and finally discusses the special relief matter. This is the core here.The fourth part is the exploration of establishment of the third party infringing creditor′s rights system. Through establishment the third party infringing creditor′s rights system's necessity to expound, indicating the importance of the establishment of the system and through the legislative and judicial status analysis, obtains our country establish the system's useful suggestions.The conclusion is a summary of the full text view and refining.