债权转让中,从权利附从主债权移转,但对具有从属性质的同时履行抗辩权、不安抗辩权和后履行抗辩权三种一时抗辩权,在债权让与中是否移转,法律没有明确规定,而且根据法官不能拒绝裁判原则,需要通过法律解释方法去弥补法律漏洞。文章通过借鉴域外立法以及理论学说,从《合同法》第81条规定本身、交易安全维护以及当事人之间利益衡量三方面解释适用法律,从而为一时抗辩权不附从主债权移转提供合理性。 In the transfer of creditor’s rights, the transfer of rights from the principal claims, but the subordinate nature of the simultaneous performance of the right of defense, uneasy to defend the right to defend three kinds of right of defense, whether in the assignment of credits, the law is not clear Rules, but also according to the judge can not refute the principle of adjudication, the legal interpretation of the need to make up for legal loopholes. By referring to the legislation and theories in the field, this article explains the applicable law from the three aspects of Article 81 of Contract Law, the safeguard of transaction security and the measurement of interests among the parties, so as to provide reasonableness for not adhering to the transfer of the principal creditor’s rights .