《合同法》及其司法解释具体规定了我国债权人代位权制度,有效的促进社会、经济的发展。更是对我国企业体制改革的意义十分重大。文章从债权人代位权制度的概念性质、成立要件入手,着重就我国债权人代位权的行使和效力进行分析。并且就我国该项制度遇到的问题作出相应对策及完善。 The “Contract Law” and its judicial interpretation specifically stipulate the system of the subrogation of creditors in our country, effectively promoting social and economic development. It is even more significant for the reform of the enterprise system in our country. The article starts from the conceptual nature of the subrogation system of creditors and the conditions for the establishment of the subrogation system, and focuses on the analysis of the exercise and effectiveness of the subrogation right of our creditors. And make corresponding countermeasures and perfections on the problems encountered by this system in our country.