The Concept Of Implementing The Aid-party In Chinese Law

"Tourism Law of the People’s Republic of China" comes up with the concept of implementing the aid-party. It aroused heated discussion because it is the first time this concept entries into our civil law system. In comparative law, the concept of implementing the aid-party should be specified in the law of obligation. The question is how to determine the concept of implementing the aid-party, the definition of each requirement, the position in our current system of civil law and what specific legal norms applicable.In comparative law, it has formed a strong heritage in terms of doctrine and jurisprudence in the field of implementing the aid-party. The research is relatively mature in the German legal system, so is the law of Japan and Taiwan law. The Holland civil code which is considered to be an excellent representative of the new era of the civil code, also provides for the concept of implementing the aid-party.The scholars have not paid sufficient attention for this small problem. Numerous studies still remain in our civil law system. A typical view is that it is meaningful to research this concept because of our special responsibility principle. This view led directly to serious consequences such as the theories of scholars is always floating on the surface.However, with the division of labor expansion and production collaboration normalization, the behavior of implementing the aid-party is increasingly common. It is difficult to solve practical problems since we simply equated the concept of implementing the aid-party with the concept of fulfilling the contract oneself or fulfilling the contract by the third person. Judges are not familiar with this concept and very cautious when using this concept in legal practice. It has important theoretical and practice value to research of this concept deeply.The first part will review the misunderstanding of the research of the concept of the implementing the aid-party and raise several questions.The second part will introduce the theories of scholars and the legal provisions of Germany, Japan, Netherlands and Taiwan. With a comparative perspective, we can investigate the values and the practices stand behind the regulations, which helps us to define the concept of the implementing the aid-party, determine the requirement and classified the concept.The concept of the third person in fulfillment of the contract is regulated in General provisions of Contract Law and Specific provision of Contract Law. "Tourism Law of the People’s Republic of China" also comes up with the concept of implementing the aid-party. The third part will sort out of the concept of the implementing the aid-party and concept of the third person in fulfillment of the contract and pay attention to the theories of scholars and the views from the judicial practice.The fourth part will make a summary and put forward some insights about the position of the concept of the implementing the aid-party in the Contract Law.