基于债权的相对性,债权人仅能向债务人请求给付,债务人因可归责之事由不履行时,就应对债权人负损害赔偿责任。如果可归责事由是由第三人引起,那么第三人能否成为侵害债权的主体?本文认为债权具有不可侵犯性,并且在经济发展中逐渐突破了债权相对性的理论,同时从权益保护和自由保障二者之间的利益平衡考虑,论证了第三人侵害债权的存在。 Based on the relative nature of claims, the creditor can only request payment from the debtor, and the debtor should bear the liability for damages to the creditors when failing to perform the duties due to the blame. If the responsibility can be attributed to a third party, can the third party become the main body that infringes the creditor’s rights? This article considers that the creditor’s rights are inviolable, and gradually breaks through the theory of the relativity of creditor’s rights in the economic development. At the same time, And the freedom to protect the balance of interests between the two considerations, demonstrated the existence of a third party infringement claims.