债权本属于契约法调整的内容。然而,随着社会的发展,债权理论被不断注入新的内涵,尤其是债权的不可侵犯性原则的发展,使得债权的效力得以突破债的关系,具有了一定程度的对世效力,并因此而受到侵权法的保护,第三人侵害债权正是以此为理论基础发展起来。虽然第三人侵害债权制度诞生已有一百余年,然而民法领域对这一制度的争议一直没有停息,尤其是侵害债权法定要件的界定,这关乎债权人是否能请求损害赔偿,对于保障债权人有着至关重要的意义,也正是《侵权责任法》乃至整个民事法律的根本责任。 Debt this belongs to the contract law to adjust the content. However, with the development of society, the creditor’s rights theory has been continuously infused with new connotations. In particular, the development of the inviolability principle of creditor’s rights has enabled the effectiveness of creditor’s rights to break the bond and has a certain degree of effectiveness against the rest of the world. Therefore, Under the protection of the Tort Law, it is precisely because the third party infringed claims that it developed as a theoretical basis. Although the third party infringes on the creditor’s rights system for more than one hundred years, the controversy over this system in the field of civil law has not stopped. In particular, the definition of the statutory requirement for infringement of claims is related to whether the creditors can claim damages and have the right to protect the creditors It is also the fundamental responsibility of Tort Liability Act and even the entire civil law.