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

At present,although the current law of our country does not make it clear that the third party infringement of creditor’s rights system into the legislative norms,there has been cases of Third Party Infringement of creditor’s rights in judicial judgment.Based on the existing judicial adjudication cases,through the integration of relevant typical judicial cases to understand the application status in this system,it is proven that the current judicial practice for this theme has different points of view,which leads to different judgment results,and then re-examine the special constituent elements of the third party infringement of creditor’s rights,especially the identification of subjective fault and behavior types The third party infringes the creditor’s rights to carry on the type research.The paper is divided into the following four parts:The first part,combing the current situation of judicial decisions related to the third party’s infringement of creditor’s rights in Chinese courts at all levels,screening cases as the basis of research,combined with the guiding cases issued by the Supreme people’s Court.The second chapter,based on the foregoing questions,discussing the constitutive elements of this theme,and focusing on demonstrating the subjective constitutive elements.In explaining the subjective constituent elements,referring to the relevant system theory of Anglo-American law system,it advocates that the knowledge rule should be included in the measurement standard of fault as the legitimate basis of creditor’s rights tort liability.On this basis,the proof of intent,gross negligence and general negligence may make the third party creditor’s rights tort liability,and the definition of intent and negligence is refined,and the applicable standard is determined.The third chapter,basically discussing the types of the third party’s infringement of creditor’s rights.Firstly,it explains the relevant classification standards of the academic circles,and then puts forward the different views of this paper through the analysis.It is not limited to the traditional classification of direct infringement and indirect infringement,but advocates returning to the creditor’s rights themselves.According to whether the creditor’s rights can be publicized,it can be divided into securitization creditor’s rights infringement and non securitization creditor’s rights infringement In line with the actual needs of judicial practice.According to the degree of the third party’s duty of care,we can judge the subjective situation,subdivide the types of behavior under this item,and summarize the applicable path of the third party’s infringement of creditor’s rights system.The fourth part is about the conception of the system of the third party’s infringement of creditor’s rights,which is also a response to the remaining issues raised in the first part.In view of the positioning of the system of this theme,the system of the third party’s infringement of creditor’s rights should be applied as an independent system and included in the adjustment scope of tort liability.