由于缔约过失责任和第三人干涉债权制度都无法适用,第三人干涉缔约应利用侵权责任制度来保护缔约人的合法利益。与普通侵权一样,第三人干涉缔约的责任构成要件也包括主观故意、违法行为、损害事实和因果关系。除了一般抗辩事由外,第三人干涉缔约还存在正当竞争行为、履行法定职责、维护合法权益和提供合理建议等特殊抗辩事由。至于责任承担方式,以赔偿受害人的信赖利益损失为主。 Due to the negligence of contracting parties and the third party interference claims system are not applicable, the third party intervention contract should use tort liability system to protect the legitimate interests of contracting parties. As with ordinary infringement, the constituent elements of the third party’s obligation to interfere in making a contract also include subjective intent, infringement, factual and causal connection. In addition to the general defenses, the third party intervenes in contracting. There are also special defenses such as fair competition, performing legal duties, safeguarding legitimate rights and interests and providing reasonable suggestions. As for the way of taking responsibility, compensation for the victim’s loss of trust and benefit is the main factor.