A Study Of The Third Party’s Infringement On Claims System In China

In the tradition of civil law, the violations mainly targeted absolute moral rights, property rights, intellectual property rights and so on. It is generally believed that the claims is not the object of tort against, which is a relative right. The creditor may only request the debtor to take the responsibility of debt does not be fulfilled, if the debt cannot be implemented correctly. However, with the economic and social development, claims, in particular, the contract has become the primary means and purpose of adding value of market liquidity and wealth. Because of high incidence of third person through a variety of ways against claims, rely solely on debt to perform system in contract law has not effectively protect the interests of creditors. In order to take account of the interests of the main parties, give creditors more comprehensive protection, protect of creditor role effectively, the national civil law theory and judicial practice began to explore more effective creditor protection approach. The third person against the claims system has become the focus of controversy. So this article will around third party infringement claims system, discuss mainly from the following four parts.The first part, from the origin of the third person against the claims system, to the emergence of the traditional claims against third party infringement claims first in the UK, author have an analysis on the British social environment and typical cases(Lumley V.Gye and BowenV. Hall), to show the germination and development of the third party infringement claims system.The second part, discusses the third party against the claims system in the course of development of the countries and Taiwan, China, with comparatively research on the third party against the claims system. Common law and Civil law against third party claims system have experienced from negative to positive process. And the system has become mature by judicial practice and theoretical research. States and Taiwan on a third party against the claims system theory of the explore and judicial practice, which has a good reference on the building of third party infringement claims system.The third part, on the basis of the first two parts discussed, I believe that our country is necessary to establish a system of third party infringement claims. From the changes in the status of the debt, the need to practice, to the successful use of the third person against the claims system in various countries and regions, reveals the need for the establishment of third party infringement claims. In addition, this section discusses the constituent elements of the third party infringement claims system of China.