| Law is a kind of social science, it is the summary of the people’s social practice experience, we are in deep thinking how to better development of the society; Method is not a simple logic, it contains the people to the measure of the social value, when something is of greater value to society, it will inevitably have tendency in the formu_lation of rules. Transactions become more frequent with the development of society and market, economic relations between people is increasingly complex, and the phe_nomenon of creditor’s rights can not meet get grow because of third person infringe_ment of creditor’s rights is increasing. But according to the principle of privity of con_tract, the creditor can not ask the third person for the rights and interests to satisfy hi_mself. In this context, many countries have appeared in the third person infringement of creditor’s right, to protect the legitimate interests of the creditors, and to maintain social and economic order of stability for a long time. In practice there are many pre_cedents to support the system, but in the theoretical circle has more controversial, es_pecially the system of the impact of the privity of contract. For our country, the third person infringement of creditor’s rights phenomenon is also growing, before the tort liability law. many schoolars in the draft recommendation for will be written to the system, but failed in the last. This leads to such problems in China’s judicial activities, be mess in law. This paper argues that, under the stage of development in today’s so_ciety, development of the theory was enough to set out to establish the system, the long-term stable development of social economy also need third person infringement of creditor’s rights system.This paper is divided into the following several parts:The first part, starting from a case study, which leads to the current social the third person infringement of creditor’s rights behavior, through the analysis of the be_havior and consequence, that we can get the consequences of the phenomenon, as well as the attitude of the courts for such casesThe second part, a simple overview of Anglo-American law system and conti_nental law system on the system’s development, find the enlightenment to our country the construction of the system can draw lessons from.The third part, through the analysis of many scholars’attitude to the nature of the rights and the creditor of determination, explains the concept of the third person infringement of creditor’s system, the new development of creditor’s rights, and the_ ory of creditor’s rights shall not be in infringement, points out that the third person infringement of creditor’s rights is the theory basis of creditor’s right shall not be in infringement, the brief analysis of the third person infringement of creditor’s rights system theoretical difficulties.The fourth part, analysis the components of the third party infringement of creditor’s rights behavior, through theory and case research fellow scholars, summa_ryzing the particular form of creditor’s rights infringement, and to carry on the simple idea how legislation.The fifth part, summarizes this paper argument. |
