Research On Legal Issues Of Creditor's Rights Infringement System

There has been deep research of creditor's rights infringement,there is still much controversy in China's academic community regarding the identification of liability for creditor's rights infringement.And the civil judgement No.181 of the Supreme People's Court in 2017 has great value to the development of China's creditor's rights infringement system.However,this case also reflects the problems existing in China's creditor's infringement system:when applying specific laws and regulations to identify liability for creditor's rights infringement,there is a problem that the basis of claim is frail and the legal support is insufficient;the unclear boundary between the tort liability for creditor's rights infringement and other remedies causing certain obstacles to the application of the tort liability law;the rules applicable to identify the tort liability for creditor's rights infringement are not uniform.Apart from the introduction,the thesis is divided into four parts:the first part is an overview of the creditor's rights infringement system,clarifying the connotation of the system of creditor's rights infringement,analyze the status quo of the construction of China's creditor's rights infringement system.The second part mainly analyzes the necessity of perfecting China's creditor's rights infringement system,it mainly discusses from two aspects: the need to determine the specific claim basis and the need at the level of jurisprudence;analysis of the feasibility of perfecting the China's creditor's rights infringement system,it mainly discusses from the aspects of having a deep theoretical configuration foundation and system improvement space.The third part mainly explains the reasons for applying the tort liability law to protect the creditor's rights.Clarifying the tort liability for creditor's rights infringement the boundary between liability for breach,debt preservation and bankruptcy revocation right.This clarifies the specific circumstances in which the tort liability for creditor's rights infringement can be identified.The fourth part explores the way to improve thelaw applicable rules of China's creditor's rights infringement system.It is clarified that the subject of the tort liability for creditor's rights infringement is generally the third party,and the malicious conspiracy of the debtor and the third party may constitute joint infringement.The doctrine of liability fixation for tort liability should be determined as the general principle of fault liability.The specific constitutive elements elements of the tort liability for creditor's rights infringement were clarified that the infringement of creditors' rights must have the characteristics of illegality;the infringement must directly or indirectly lead to the loss of creditor's rights or affect the result of creditor's rights;behavior and results must conform to the adequate causation theory of considerable;both intentional and negligence can be used as fault elements.