The Research On The Third Party’s Infringement On Labor’s Claims

With the rapid development of market economy in our country, the third party’s infringement on labor claims cases also became diversified and frequent. Because our country has no clearly legislative provisions about the third party’s infringement on labor claims,when the creditor’s legal rights has been infringed, the creditors even have no idea and unable to get timely and effective protection. And the third party’s infringement on labor claims as the third party’s infringment on claims system, it is one kind of special forms.It also need legislation to regulate the market economy order more pressing. Based on this, the article emphatically from the five parts to explain and discuss this system.There are the overview about the third party’s infringement on labor claims, the components of the third party’s infringement on labor claims, a third party infringement of creditor’s rights of labor claim basis, responsibility of a third person for the infringement of creditor’s rights of labor and distribution. As well as from this parts to discuss our country to establish the third party’s infringement on labor claims system,and its realistic significance and necessity of the infringement of creditors’rights.As we all know, because the mainstream views of the civil law theory in our countryshows creditor’s right is a kind of relative right, so over time, when the creditors’rights contract is destroyed, the creditors based on the relativity of debts, can only request one party to be liable for breach of contract.However, in our dailylife,face to the third party infringement of creditor’s rights of labor, at this time if we just accrdig to the creditor’s rights of relativity theory, can cause the third pearty’s illegal behavior hasn’t been regulated, and make the infringers can not get punishment. For the third person infringement of creditor’s rights of labor should bear corresponding responsibility, current illustrates the "labor contract law" the91th regulation:employers to employ persons with other unit of choose and employ persons remove or terminate the labor contract workers, losses to other unit of choose and employ persons, shall bear several and joint liabilities. But the provision is too vague, at the same time, constrained by the rules not established in the civil law, the judges in specific cases judgment without reliable legislative basis, so can’t be the creditors’ maintain legitimate claims to the smooth realization of the most powerful weapon. The author hope that through this paper analysis, to establish the third party’s infringement of creditor’s rights of labor system in China to provide certain theoretical basis.This paper consists of introduction, text and epilogue three parts.The text consists of five parts:The first part:this part mainly from three aspects to introduce a third party infringement of creditor’s rights of labor. First of all, according to the definition of the third party infringement of creditor’s rights of labor and practice, on the overall proposed to establish the theoretical basis of this system in our country, then to the judicial practice in actual situation, analysis of the third person violates labor creditor’s rights in our country mainly induce default and the third person and the debtor malicious conspires two ways to realize creditor’s rights, finally puts forward the necessity of establishing this system in our country and significance.The second part:this part starting from the general theory of debt, from four constitutive requirements to the third party infringement of creditor’s rights of labor theory in this paper. This four parts including labor creditor’s rights must be valid in their creditor’s rights, the implementation of the main body of infringement is only the third party outside of the labor contract relationship, the third party violates labor claims act and the harmful consequences and the third party has deliberately violate labor creditor’s rights.The third part:this part mainly introduces the third party infringement of creditor’s rights of labor claim basis. In the third person violates labor claims in general and constitutive requirements analysis, respectively from the debt relativity theory, how to break through the debt relativity theory to establish a legal basis for the third person infringement responsibility, to the basis of an overview of the third person infringement of creditor’s rights of labor system and value.The fourth part:the main analysis of the third person in violation of labor after the creditor’s rights of responsibility and distribution. Respectively from the perspective of violations of the creditors, and the third person shall bear the responsibility, laborers shall bear the responsibility and the type of responsibility.The fifth part:the last part mainly introduces the third party infringement of creditor’s rights of labor legislation. From China to the related provisions of the legislation of the problem, and draw lessons from countries around the world for different provisions of this theory, combined with the provisions of article91of the "labor contract law" in China, come to the third party infringement of creditor’s rights of labor theory in our country to further improve.Epilogue is generalization and summarization of the full view of a centralized.