“有权利就有救济”这是近代法治基本理念,对于取回权的保护和救济我国法律规定十分不完善,笔者认为取回权的保护手段因其侵权的具体的情况不同而不同。不能一概而论,只有分清楚侵害破产取回权的情形和特征,才能得出取回权保护的正确形式,本文将分两种情况分别讨论。 This is the basic idea of ​​modern rule of law, for the protection and relief of the right to recall China’s legal provisions are not perfect, I think the right of protection of the right to recall because of the specific circumstances of their infringement vary. Can not be generalized, only to clarify the circumstances and characteristics of violations of the right of bankruptcy, can we draw the right form of protection of the right to return, this article will be divided into two cases were discussed separately.