A Study On Infringement Of Creditor's Rights By The The Third Party

It has always been the focus of civil law circle that whether creditor's rights can be the object of the infringement. The infringement of creditor's rights by the the third party has occassionally occurred in Chna's judicial practice, but the existing legislation only made "general clause" provisions on the the third party infringement of creditor's rights. It is not clearly expounded how to accurately define, how to apply the general clauses, and what legal consequences are, therefore, it is of great theoretical and practical significance to make research on the system.In this paper,law studies methods of induction, comparison and so on are used so that, first of all, the system's theoretical basis is advanced through expounding the concept and range of the subject and object of the third party infringement of creditor's rights. Then, comparison and investigation are made about the system in Britain, the United States, Germany, France, Japan , and our Taiwan and other countries in order to learn from their useful experience. Finally, considering our country's present legisaltion situation in the third party infringement of creditor's rights and judicial practice, a system is established in the way of institutional affiliation, selection of legislative mode, component parts, exemption, accountability, and so on. This article, not including introduction, is made up of four parts.First, the theoretical basis for the system of the infringement creditor's rights by the third party.The infringement of creditor's rights by the third party refers to the infringement acts by the outside party , who is not involved in the debt, deliberately infringes the creditor's rights and causes the actual damage to the creditors, thereful, shall bear civil liability for damages and other abuses. The legal basis of the debt is based upon relative non-invasion of the debt. Recognizing the system of the third party's infringement of creditor's rights will not go against traditional civil law system, nor conflict with relative principle of debt.Second, review of the system of the third party infringement of creditor's rights.Establishment of the system of infringement of creditor's rights by the the third party is not only of great significance, but also of great necessity. It can not only effectively protect the claims of creditors, maintain normal economic order of society, but also fully realize the equity and justice value of law. Third, comparison and investigation of the system of infringement of creditor's rights by the the third party.It is basically acknowledged even in the countries with two different legal systems and social conditions that we will relieve creditors when their rights are infringed by the third pary. Hence, to improve our country's system of infringement of creditor's rights by the third party, it is important to compare and investigate upon those systems in countries with two different legal systems.Fourth, China's judicial practice and legislation framework for the system of infringement of creditor's rights by the the third party.General Principles of civil law, the Tort Liability Act, and other relevant provisions of the law in force offer a legal basis for the establishment of the system. And present sentence of the infringement of creditor's rights by the the third party provides rich experience in the judicial practice. When we establish the system of infringement of creditor's rights by the the third party, we will blend it into infringement act and select General Clause + list of legislative model so as to bring its positive efefects into full play. To be exact, the sytem will be designed in the way of component parts, exemption, accountability, and relief mode.