Research On The Third Party's Infringement On Claims System

The civil law of all the countries and regions accepted various degreeof The third party's infringement on claims system. The third party'sinfringement on claims system cases happened with increasing frequencywith the fast development of Chinese economy, but the creditor still don'thave the base of claim right for the Compensation of damages from thethird person. All these need legislation urgently. although the third party'sinfringement on claims system has violent conflicts with our current civillaw system, The reality of the need urges China to build The third party'sinfringement on claims system.But we can not rigidly set the newsystem.Otherwise, our civil law will be reduced to become a hodgepodgewhich is neither fish nor flesh and impair the civil law's function of judgingthe civil behavior.Therefore this article takes the third party's infringement on claimssystem as the research subject, the first chapter clarified the development ofthe third party's infringement on claims system in Anglo-American lawsystem and continental lagal system, and then summarized foreign civillaw's theory study and practice for the third person system. The above twolaw systems' opinion to the third person system experienced from negativeto positive, further more, after the theory research and practice, this systemis on the state of tending to mature which has great significance forestablishment of our country's third person system. Based on that, the author exposed the theoretical basis of the third party's infringement onclaims system.For the third party's infringement on claims system is necessary,scholars have different views.I find a theoretical basis and realistic basis forthe construction of the third party's infringement on claims system.by comparing the analysis of different views,there is no contradictionbetween the third party's infringement on claims system and the traditionalcivil law theory of relativity principle and the basic theory of tort laws suchas the scope of protection issues.At the same time, the creditor "status"changes, as well as the realistic basis of the social concept of personalstandard transformed into the social standard, the third party's infringementon claims system is able to reasonably incorporated into civil lawsystem.So China need to set the third party's infringement on claimssystem.Chapter III discusses the building of the third party'sinfringement on claims system.There is a large conflict between the thirdparty's infringement on claims system and the current legislation.Betweenthe third party's infringement on claims system with China's civil lawsystem,there are many issues need to run in.Set the system into the civillaw system must be reasonable in order to perform its function.This chapterdeals with aspects of the constituent elements of the third party'sinfringement on claims, the types of the third party's infringement onclaims system and the tort liability of a third person with the debtor'sliability for breach of contract.The first three chapters of this article dealfrom the theory to build the third party's infringement on claims system.Bediscussed in Chapter IV is the third party's infringement on claims systemin China's legislative and judicial status.In China's current legal system,there is no the embodiment of the third party's infringement on claims system.Even the relevant issued "Contract Law" also exclude the thirdparty's infringement on claims system.In judicial practice, only a smallnumber of third party case against claims The court decision ruled againstclaims responsibility, but the judgment of reason is not the embodiment ofa third party against the claims system.There is no the third party'sinfringement on claims system in China's current legal system.Therefore,China needs to set the third party's infringement on claims system in thefuture of the Civil Code.