以民事权利的效力范围为标准,可以把民事权利分为绝对权与相对权,绝对权是指无须通过义务人实施一定的行为即可实现并可对抗不特定多数人的权利,相对权是指必须通过义务人为一定的行为才能实现,只能对抗特定人的权利。传统民法理论基于两种权利的不同特点,救济途径也不相同,对绝对权的救济主要是通过侵权制度来进行,而对于相对权则通过违约责任来救济。但随着社会的发展,人们之间的民事交往活动空前频繁,合同成为人们生活和经济活动中的重要工具,受利益的驱使,已订立的合同频频被违反,在这些违反合同的原因之中有是基于相对人自己原因的也有是基于合同当事人之外的第三人的原因引起的,这时仍把对债权人的救济局限于合同范围内的做法已远不能保护债权人的利益。为了维护正当的交易秩序,满足经济发展的要求,使市场经济有序发展,有必要从合同外寻求其他的救济措施,这就是第三人侵害债权制度。 Civil rights can be divided into absolute rights and relative rights based on the scope of validity of civil rights. Absolute rights mean the rights that can be realized and can be confronted by an unspecified number of people without performing certain acts by the obligor. Obligation to achieve certain acts, only against specific rights. The traditional civil law theory is based on the different characteristics of the two kinds of rights and the ways of relief. The relief of the absolute right is mainly through the infringement system, while the relative right is remedied through the liability of breach of contract. However, with the development of society, civil exchanges between people are unprecedentedly frequent. The contract has become an important tool in people’s life and economic activities. Driven by interests, the contracts that have been concluded are frequently violated. Among the reasons for these violations, It is based on the reasons for the other person’s own reasons and also on the basis of the third party other than the parties to the contract. At the same time, it is far from protecting the interests of creditors by limiting the remedy of the creditors within the scope of the contract. In order to maintain a proper order of transactions, meet the requirements of economic development and make the market economy develop in an orderly manner, it is necessary to seek other relief measures outside the contract. This is the third party’s system of infringing claims.