侵害债权制度确立的必要性体现为:民事权利保护之需要以及现实需要之使然;侵害债权制度确立的依据是:债权之不可侵性理论以及有立法例的支持;我国侵害债权制度之构建:既要注意现行法律预留的立法空间,还要重视学者们的立法建议。 The necessity of the establishment of the system of encroaching on creditor's rights is as follows: the need of the protection of civil rights and the necessity of reality; The establishment of the system of encroaching upon creditors' rights is based on the indestructible theory of creditor's rights and the support of legislation; Attention should be paid to the legislative space reserved by the current law, but also to the scholars' legislative suggestions.