债权人代位权是近代中国各个民法法典文献中都加以规定的制度。本文梳理了近代中国关于债权人代位权的各种立法例,简评了围绕各种立法例出现的学说解释,比较了传统民法中的债权人代位权制度和学说与现行制度与学说之间的差异。在此基础上,本文认为,由于受到合同法体系的限制,现行的债权人代位权规定过于简陋,且其中不乏立法瑕疵或漏洞。鉴于我国已经在商讨关于民法典的制定事宜,笔者认为,有必要将现存于《合同法》中债权人代位权制度回归债法总则,以使该制度进一步完善与成熟。 Creditor's right of subrogation is a system stipulated in all civil law codes in modern China. This article combs the various legislative cases concerning the subrogation of creditors in modern China, briefly comments on the theories that appear around various legislative cases, and compares the differences between the system and doctrine of subrogation in traditional civil law and the current system and doctrine. On this basis, this article argues that due to the restriction of the contract law system, the current provisions of subrogation of creditors are too simple, and many of them have legislative flaws or loopholes. In view of the fact that our country is already discussing the formulation of the Civil Code, the author believes it is necessary to return the existing subrogation system of creditors in the Contract Law to the General Principles of the Law of Debts so that the system can be further perfected and matured.