“第三人侵害债权”理论起源于19世纪英国的著名的侵害演出合同判例,我国理论一般支持,该制度的构成要件必须是合法有效的债权存在,即排除了缔约过程。第三人侵害缔约利益,是指为合同以外的第三人,在当事人一方发出要约至另一方承诺期间,故意为损害行为破坏合同的缔结。有学者认为由于缔约利益具有独立性而主体由权要求该利益按预期回复,所以缔约利益受到第三人侵害时有权的到救济。 The theory of “third party infringement of claims” originated from the well-known British examples of infringement performance contracts in the 19th century. The theory of our country generally supports this system. The components of the system must be the existence of valid and valid debts, that is, the process of contracting is ruled out. The third party infringes on the interests of the contracting party as the third party outside the contract, intentionally damaging the conclusion of the contract during the period when the party makes an offer to the other party. Some scholars think that because the interests of the contracting parties are independent and the principal right demands that the interests be expected to be recovered, the interests of the contracting parties are entitled to relief when they are infringed upon by the third party.