A Study On The Third-party Infringement Of Creditor's Rights

The law of China does not expressly stipulate a system about the third-party infringes the creditor's rights,but courts at all levels have appeared several cases of the third-party infringes the creditor's rights.Because the judge cannot refuse the referee on the grounds that the law does not provide for it,however,because of the lack of legislation in the system,the court has different judgments on the third-party infringes the creditor's rights.This paper attempts to draw on empirical research and case analysis methods.In order to understand the judicial practice of the third-party infringes the creditor's rights system,the paper carries out a factual research and analysis of the understanding and application about the third-party infringes the creditor's rights in judicial practice.Based on the previous theoretical research,the case study of the third-party infringing the creditor's rights system was carried out.The paper is divided into four parts:Part ?,the court rulings on the third-party infringes the creditor's rights were made public by the Chinese judgment document network is the subject of the study,mainly reveals the existence of different judgments in court decisions,and draws the following thinking about the theoretical basis of the third-party infringes the creditor's rights.Part ?,mainly elaborates whether the creditor's rights can be used as the object of tort law.First,based on the selection of two typical cases,a theoretical comment is made,and introduces the two theories of positive and negative,and then evaluates all kinds of theories.Finally,the views and reasons are discussed.The paper argues that the creditor's rights can be used as a tort law to protect the object,thus breaks the theoretical obstacle for the later discussion of the third-party infringement of the creditor's rights system.Part ?,the concept of the third-party infringing creditor's rights and its constitutive requirements are firstly studied by the paper,and then analyzes the traditional theory of third-party infringement claims which are divided into direct and indirect infringement,put forward different from the traditional theory of the views.This paper questions the traditional classification of direct and indirect infringement,and believe a fault also can constitute.In this paper,the third-party infringement creditor's rights are divided into two types: infringement of securitization claims and infringement of non-securitized claims.Part ?,In the conclusion part,a summary of the full text was made.This paper argues that creditor's right can become the object of tort law,because inviolability is the essence of rights,the Supreme Court's bulletin case also supports this view.In addition,this paper does not favor that the third-party infringement claims are divided into direct infringement and indirect infringement,put forwards the views and reasons of this paper,the third-party infringement creditor's rights are divided into two types: infringement of securitization claims and infringement of non-securitized claims,the former can be constituted by negligence,and the latter must be deliberately constituted.