Research On The Elements Of Liability For Infringement Of Creditor's Rights

According to the validity of rights,the civil law system divides creditor's rights into relative rights.As a typical relative right,creditor's right has not been explicitly included in the protection scope of tort law.Nowadays,in the judicial practice of our country,the cases of tort of creditor's rights emerge,and the protection of tort of creditor's rights is imminent.But our country law is not clear debt protection status of infringement,also not specification tort liability claims,such as the definition,component of the creditor's rights are violated when the damage can not get reasonable relief.The protection of creditor's rights under the existing civil law system is mainly reflected in the relief of breach of contract in the creditor's right.Even in the case where the third party causes the debtor to default,the creditor can only claim the creditor's rights based on the claims,and cannot break through The creditor's right asks the third party for tort liability.This article believes that the object of tort liability protection is civil rights.From the perspective of protection of rights and interests,infringement of creditor's rights not only violates the laws and regulations,but also violates the legitimate rights and interests of civil subjects.The infringer should be punished and ordered to bear tort liability for damages.From the point of view of interest protection,when the probability that the creditor's rights and interests owned by the creditor are difficult to realize or significantly reduced,it should be protected by the Tort Liability Law.In modern legislative practice,China has slowly begun to explore the construction of a system that violates creditor's rights.Among them,the discussion on the study of the constituent elements of tort liability is the most heated issue in the discussion on the construction of creditor's rights infringement system.Regarding the status quo of multiple theoretical disputes on the elements of tort liability,this article believes that from the theoreticalperspective,the four elements theory is the most reasonable and more in line with the current status of China's legislation.Because our country's current tort liability law adopts the four elements theory to construct tort liability,it is the consensus of our country's legislators that the tort liability must be constructed using the four elements theory.Therefore,the constituent elements of liability for infringement of creditor's rights shall include four types of constituent elements: fault,conduct,damage and causality.However,the four-element system of specific debt tort liability cannot be judged based on the constituent elements of general tort liability,but can only be regulated on the basis of it in combination with the special attributes of debt.For example,the subjective fault elements need to be based on different subjects,that is,they should be considered separately based on creditors and third parties,and cannot be standardized based on the subjective elements of general tort liability.For the construction of behavior,damage and causality requirements,according to the feedback conclusions of judicial practice,many difficulties different from the general tort liability appear in the determination of liability,so it is also necessary to give special argument to the difficulty of the attribute of creditor's right.So far,the rationality,feasibility,and necessity of establishing a "debt tort liability system" have been explored in theory,However,according to the existing contract law,tort liability law and relevant judicial interpretations,China has not established a "claim tort liability system".There are many academic papers discussing the rationality,feasibility and necessity of establishing a creditor's rights infringement liability system.Therefore,this article no longer discusses the necessity and feasibility of establishing a creditor's rights infringement liability,but discusses the rational constituent elements of creditor's rights infringement liability.