债权具有对世性已为学界通识,立法确立第三人侵害债权制度也隐然可期。构成要件理论是确立第三人侵害债权制度的核心问题。通过明确要件构成,厘清制度界限和适用范围,能够于一定程度上缓和第三人侵害债权制度的实际操作难度,使其具备实践合理性。 Credibility has universalism has academic knowledge, legislation to establish a third party infringement of claims system is also clear period. The theory of constitutional elements is the core issue for establishing the system of third party encroachment on claims. By clarifying the composition of the elements and clarifying the limits of the system and the scope of application, it is possible to ease the difficulty of actual operation of the third party’s system of infringing claims to a certain extent and make it practical and reasonable.