从合同权利转让、诉权和起诉条件、索赔权的任意转让与依法转让、索赔权任意转让的后果四个方面,对索赔权能否任意转让进行了深入研究,得出的结论是:索赔权是合同主权利的从权利,不得单独转让;合同项下的权利因合同标的的灭失和损害而无法转让,因而索赔权的转让实质上是程序意义上的诉权的转让;转让获得的诉权因不符合诉讼行为的程序性要求而不产生法律效力,因而据以提起诉讼的原告不是适格的当事人。 From the four aspects of the transfer of contract rights, the right to sue and prosecution, the arbitral assignment of the right to claim and the transfer according to law, and the consequence of the arbitral assignment of the right of claim, the author makes an in-depth study on the possibility of arbitrary assignment of the right of claim, and concludes that the right of claim is the contract The rights under the sovereignty may not be transferred separately; the rights under the contract can not be transferred due to the loss and damage of the subject matter of the contract, and the transfer of the claim is essentially the transfer of the procedural rights in the procedural sense; The procedural requirements of the act do not have the force of law, so the plaintiff on which the action is brought is not a proper party.