Study On The Jurisdiction Of Third Party Infringement Of Creditor’s Rights Litigation

Jurisdiction is the first step to initiate civil procedure and an important link related to the procedural justice of the parties.Increasing issues of litigation jurisdiction over third party creditor’s right,but in our country’s legislation,there is no corresponding rule for litigation over third party creditor’s right,and no uniform rule has been formed in judicial practice,which has inconsistent application of law.It is an important way to safeguard the rights and interests of the parties and improve the judicial efficiency to solve the jurisdictional problem of the third party’s infringement of creditor’s rights.By sorting out the theoretical status quo of the third party infringement litigation jurisdiction,this thesis analyzes the predicament from the legislative and judicial status quo.In terms of the legislative status quo,there are the following problems:first,the scope of the jurisdiction court has not been determined,and the general rules of tort jurisdiction cannot completely solve the problem;The second is the failure to specify the Provisions on the causes of Civil Cases,and the imperfection of the causes of the fourth level causes the improper jurisdiction;The third is the failure of jurisdiction review system,complicated and redundant procedures,jurisdiction abuse governance system ability is weak.For judicial practice,there are the following problems: First,the court’s identification of the tort is inconsistent,resulting in a ruling against the spirit of the existing law;Second,the recognition of the defendant subject qualification standard is inconsistent,and under the influence of judicial local protectionism,there is a tendency of defendant identification;The third is the lack of cases and interpretation,resulting in the application of the law is not uniform.Aiming at the predicament of the third party’s infringement of creditor’s rights litigation jurisdiction,this thesis puts forward some feasible measures and suggestions.In terms of legislation,firstly,the jurisdiction of the court should be defined,and the special tort jurisdiction rules should be established.Secondly,the "Provisions on the Causes of Civil Cases" can be enriched and detailed,and the third party’s infringement of creditor’s rights as a four-level cause of action.Finally,optimize the jurisdiction review system,construct the application mode of jurisdiction objection,and strengthen the governance of jurisdiction abuse.In judicial practice,the following measures can be taken: first,to unify the identification criteria of the place of infringement,to correct the wrong practice of the court to judge the result of infringement by subjective knowledge;Secondly,it constructs the criterion of the defendant’s subject qualification and examines the necessary co-litigants.Finally,strengthen the guidance and interpretation of such cases to promote the unification of judicial application.