本文从一则案例谈起,提出继承的抛弃与债权人利益的保护这一立法与司法的难题。关于继承抛弃危害到继承人之债权人利益时债权人能否撤销之的问题,主要有两种观点,笔者对这两种观点的争议点进行剖析后,认为在采当然继承主义立法例下,债权人可以撤销之。笔者还通过对我国现行法律以及目前几部继承法(编)草案的分析,提出了自己对这一问题的立法建议条文。 This article from a case to talk about, put forward the inheritance of abandonment and the interests of creditors to protect this legislative and judicial problems. There are mainly two kinds of views on whether the creditors can be withdrawn when they abandon the interests of creditors that endanger the heir. After analyzing the disputes between these two views, the author thinks that the creditors can withdraw under the legislation of natural inheritance It Through the analysis of the current law of our country and several draft laws on inheritance (the current), I also put forward my own legislative proposals on this issue.