不安抗辩权的本质,在于赋予当事人对债务人缺乏履行能力的合理主观推测,而这正是与给付拒绝或明示预期违约的根本区别所在。本文指出不安抗辩权与给付拒绝(明示预期违约)规则无论在救济方式还是最终效力上,具有层级效应. The essence of the uneasy right of defense lies in giving the parties a reasonable and subjective guess about the debtor’s lack of capacity to perform, which is the fundamental difference between paying refusal or explicitly anticipating a default. This article points out that the unethical right of defense and the refusal to pay (expressly anticipating a breach of contract) rules have a hierarchical effect both in terms of remedies and ultimate effectiveness.