请求权概念的创造是民法从诉讼秩序到权利秩序演进的需要。“请求权”经历了从救济性手段到建构性基石的转变,其从具体的权利扩展为抽象的概念,不但有助于民法的体系化,更促成了以实体权利为中心的法律维护模式的建立。但在多种意义上不加区分地使用请求权概念,模糊了相对权与相对法律关系,导致了责任法与时效法的结构性缺陷,并在一定程度上误导了诉讼标的理论。因此,应重新定位请求权的性质与功能,重新分析与梳理其相关理论,以淳化以法律关系为核心对象的私法体系。 The creation of the concept of the right of demand is the need of the evolution of civil law from the order of litigation to the order of right. The “claim” has undergone a change from a relief method to a constructive foundation. Its extension from a specific right to an abstract concept not only helps to systematize the civil law, but also promotes the legal protection centered on substantive rights The establishment of the model. However, in many sense, the concept of right of claim is used indistinctly and the relationship between relative right and relative law is obscured. This leads to the structural defects of the law of responsibility and the statute of limitations, and to a certain extent, it misleads the subject of litigation. Therefore, it is necessary to reposition the nature and function of the right of claim, reanalyze and sort out its related theories, in order to lay a solid foundation for the legal system of private law.