The Third Person Infringement Of Creditor’s Rights System Construction

In the civil law educational world, third party infringement of creditor’s rights system has been the focus of the debate.The reason is the system has a great impact on the traditional civil law theory. Since Roman law, the traditional civil law theory has always abode by principle of debt relativity, and denied claims can be used as the object of infringement. It played an important role in safeguarding the freedom of the third person of the behavior and promoting trade. However, with the continuous development of social economy, the free competition increased among the people and the third party infringement of creditor’s rights phenomenon occurred frequently,the traditional debt’s relativity theory cannot explain the new legal phenomenon, and it is difficulty to rely on the original contract law and related legal relief way to fully protect the interests of the creditors. Under the current legal system, however, there is no existence the basic of ask a third person for compensation for loss of creditor. In the tort liability law of the People’s Republic of China which was enacted in2009, there is still no clear regulation system of the third person infringement of creditor’s rights. As a result, when the third person infringes creditor’s rights, the creditors can only request according to the relativity of contract to the other party for compensation. Due to creditors to the third party has no right of claim basis, creditors cannot request to legal damages to a third person when the other party unable to repay. From the perspective of the theory of civil law of the world countries and regions, they all recognize or establish the system on different degree. Although the system of the third person infringement of creditor’s rights have conflict with our current theory of the civil law system, the economy and social life need is the inner power to introduce the system in our country. When our country is building a system of the third person infringement of creditor’s rights, it could not rigid practices around the world, and it should be combined with the actual legal system in China, find a suitable balance point in the existing legal system, and stipulate the third person infringement claims system in current system, appropriate and reasonable expansion of tort law, the applicable scope of the claims will be. This requests us to do the third person infringement claims system comparison research, thus can provide theoretical support to establish the third person infringement claims system for our country.Basing on the current theory and practice of civil law in our country, regarding the third person infringement of creditor’s rights system as the research object, and using the method of historical analysis and comparative analysis method, the article mainly from the following four aspects in this paper talks the system of the third person infringement of creditor’s rights:The first part is a brief sketch of the system of infringement of creditor’s rights to a third person. This part mainly analyzes the concept of the third person infringement claims system, historical evolution and value. First of all, author uses the conceptual analysis analyses countries all over the world to the third person infringement of creditor’s rights system concept. In this article, by comparing the theoretical system of the third person infringement of creditor’s rights concept of each country, author sums up the states of the system’s common. This provides a good reference to build the third person infringement of creditor’s rights system for our country. Besides, author dose a research for the theoretical basis of the third party infringement of creditor’s rights system. Third party infringement of creditor’s rights debt system includes the theoretical basis of tong said that the relativity of the inviolability of the theoretical breakthrough, debt disgraceful consideration theory, principles, etc. These theories can provide theoretical support for our country to build the third person infringement claims system.The second part is doing comparison on system of the third person infringement of creditor’s rights research. Author uses the way of historical analysis, combines the third person infringement claims system historical evolution in the continental law system and Anglo-American law system. Across the two big legal system’s attitude toward the third person infringement claims system, we can find they all through the development process from negation to affirmation, and through theoretical research and judicial practice for a long time, the system in two big legal systems also tend to be mature gradually. Comparing the research result other countries can help our country to build the third person infringement of creditor’s rights system better.In the third part,author mainly do the research of the third person infringement claims system elements and bear the responsibility. Constitutive requirements and responsibility are important aspects for setting up a system, so this article in this part emphatically analyses the third person infringement of creditor’s rights of constitutive requirements, responsibility and liability.The fourth part mainly analyzes the current status of a third party infringement of creditor’s rights system legislation in our country and judicial practice for the use of the system.By doing the analysis of these two aspects,we can find the problems existing in this system under the existing legal system of China. The author starts from the problems, find good way to solve this problem, and finally maps his ideas on our country of establishing and improving the system of the third person infringement of creditor’s rights.The author hopes these can helpful.