债权撤销权作为债的保全制度之一,是否以债务人的主观恶意为其构成要件呢?本文认为债权撤销权的主观要件仅以受益人的主观恶意以为足矣,并不需要考虑债务人的主观恶意性。债权撤销权制度是以撤销债务人不当损害债权人利益的行为,从而保护债权人的利益为目的的。从目的的角度说,只要债务人有损害债权的实现的行为就足以行使撤销权了。债权撤销权制度的本质在于平衡债权人和交易第三人之间的利益,所以文中认为债权撤销权不以债务人主观恶意为必要。 As one of the system of the preservation of debts, whether the debtor’s right of revocation is the constituent elements of the debtor’s subjective malice? This paper argues that the subjective elements of the right of rescission of rights are only based on the subjective malice of beneficiaries and does not need to consider the debtor’s subjective malice Sex. The system of canceling the creditor’s rights is based on the act of canceling the improper damage of the debtor to the interests of the creditors so as to protect the interests of the creditors. From the point of view of the purpose, as long as the debtor has the act of impairing the realization of the claim, it is enough to exercise the right of withdrawal. The essence of the system of claim cancellation is to balance the interests between the creditor and the third party, so the article thinks that the right of withdrawal is not necessary to the debtor’s subjective malice.