关于在民法典中确立侵害债权制度的构想

Establishing the Framework of Infringement of Creditor's Rights in Civil Code

侵害债权制度已为许多国家的判例、学说所确认,有其存在的理论基础,具有保护债权人利益、制止不正当竞争、维护市场竞争秩序的功能,亦为我国社会主义市场经济发展和司法实践所需。我国应在民法典中确立该制度,笔者就其立法设计提出了构想。

Infringement of creditor' s rights has been established by decided cases and doctrines in many countries. It has its own theoretical foundation. Its function is to protect the interests of creditors so as to prevent unfair competition and to maintain orderly market competition. It also meets the requirement of the development of China's socialist-market-oriented economy and the judicial activities. While offering some legislative ideas about the regulatory framework of infringement of creditor's rights, this author maintains that such a framework should be established in China's Civil Code.