Research On Tort System Of Lien

Lien originating in malicious plea of the Roman law, eventually developed into the creditor right lien and the real right lien two different lien systems. The lien defined in China as real right lien. With the enlargement of the scope of the lien, it is playing a more and more important role in real society as the only Legal real rights for security.In this paper, the violations to lien holders as the angle of view, typing analysis to lien infringement behavior, combining with the way of the responsibility, sorting out roughly what imputation principle to its application is making law applicable path more clear. The illegality element is denied in the general tort liability constitutive factors identified, but at the same time behavior should be include in that general tort liability. It means to implement the act of certain behaviors for the responsibility as the element in infringement lien.The protections of the lien are different because of its creditor’s right or real’s right. Our country to the protection of the lien mainly divided into the real right protection mode, tort protection mode and real right protection and tort protection existing simultaneously pattern three views. This article analyses from the legislation logic, legislative habits and the judicial practice and so on through the comparative analysis and logic analysis methods. The real right protection and tort protection existing simultaneously pattern mode is more rational.Our country has set up the legislation system to protect the lien with Property Law primary, the Tort Liability Law and Security Law and the relevant judicial interpretations subsidiary. The protection of the infringement lien is more careful from different sides. But the current legislation on the protection of the lien is still not completely. In this paper, I will put forward some suggestions on the protection of the lien to more thorough and perfect.