Research On The Third Party's Infringement On Claims System In China

According to the civil law system and the principle of relativity of bonds,which are adhered to by the civil law countries,only the debtor has the obligation to pay the creditor's credit.If the third party other than the debtor does not pay the obligation,there is no possibility of infringement.However,in judicial practice,cases in which a third party fails to realize creditor's claims by colluding with the debtor or maliciously damaging the subject matter sometimes occurs.Such behavior not only infringes on the legitimate creditor's rights of creditors,but also undermines the normal market economic order.The legal should regulate it,and the third party's infringement of creditor's rights system in legal theory emerges as the times require.Relevant theories of this system believe that when a third party infringes on the creditor's rights,the creditor can break through the relativity principle of debt and require the third party to bear tort liability for its actions.However,due to the lack of legislation and theoretical differences,this system has been controversial since its inception,mainly reflected in the following two aspects.First,although the mainstream view of the theoretical circle affirms the positive significance of the system,there are still some voices against it.In addition,even if there is still disagreement in affirming the academic views of this system,these differences are mainly reflected in the different understandings of the concept,constituent elements,and theoretical basis of the third party's infringement of the creditor system.Second,although most judges have applied the relevant theories of this system to adjudicate cases,the lack of legislation and theoretical differences make this practice still have problems,such as partial judges still do not recognize that legal relief should be given to the damaged creditor's rights,and the basis of the claim of the third party's infringement of creditor's rights is not clear.At the same time,this system is likely to over-limit the freedom of third-party behavior in the case of remedies for damages.Therefore,how to achieve the balance between the remedy of damages and the protection of third-party freedom of movement becomes a new difficulty.The existence of the above problems not only makes us have to deepen the theoretical research on the third party's infringement of the creditor system,but also the legislative construction of this system is very necessary.In addition to the introduction and conclusion,this paper has five chapters:The first chapter is divided into two parts.The first part analyzes the different viewpoints of the concept and constituent elements of the third party's infringement of creditor's rights,and clarifies what is the third party's infringement of creditor's rights.The second part elaborates on the theoretical dilemma of establishing this system in China from the perspective of the principle of relativity of debt and the protection of freedom of third-party behavior.The second chapter through the introduction and analysis of three typical cases,that although China's judicial practice has been widely recognized that the damage of the creditor's rights to legal relief,and the third party infringement of the creditor's rights system related to the theory of judging cases,but this practice will inevitably produce new problems.First,whether the creditor's rights are included in the scope of protection under the Tort Liability Law is controversial;secondly,the basis for the claim of third party infringement of creditor's rights is not clear.The third chapter elaborates the necessity and legitimacy of constructing this system from the two aspects of the actual needs and theoretical basis of this system,and provides the realistic foundation and theoretical foundation for the construction of this system in China.The fourth chapter introduces in detail the relevant theories and specific legal provisions of the third party infringement of creditor's rights system in Germany,France,China's Taiwan region and countries of Anglo-American law system,so as to provide reference for the construction of this system in China.The fifth chapter is divided into two parts.The first part proposes that under the current situation that China's legislation does not clarify this system,Article 2 of the Tort Liability Law in the current legal provisions is more suitable as the basis for the claim of third party infringement of claims.The second part discusses the need to balance the right to remedy damage and the right to protect the freedom of the third party.China should draw lessons from other countries or regions on the third party infringement of creditor's rights system,and put forward the specific concept of establishing this system and should pay attention to the problem.