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Identification of Liabilities for the Hindering Recovery of Enforcement by the Outsider’s Litigation


In the process of the recovery of enforcement, the nature of outsider’s liability is a general tort liability if the outsider causes right holder’s loss by the hindering the recovery of enforcement through applying for the enforcement objection, preservation in the arbitration or other acts. Article 105 of the Civil Procedure Law of China and Article 6 of the Tort Law of China serve as the legal basis, and intentional or gross negligence should be required on the subjective requirements.