On The Right Of Claim Of The Third Party Of Interest

With the development of commodity economy and the increase of trading volume,the contract has a growing social demand, which makes it not only involve the interestsof contracting parties, but also the third party interests. No matter the common lawsystem countries or the civil law system countries, they all admit the contract for thebenefit of third party to comply with the era development, and also grant them withdirect request which protect the third party’s interest in a great way. However, Chineselegislation doesn’t provide for the third party the effective way of relief. This articleconfirm the legitimacy of the third person’s request right by introducing the componentof the contract for the benefit of third party and elaborating the principle of autonomy ofwill, reliance interest protection system, safety and efficiency, further proving that itdoesn’t change just for the principle of private of contract, but also for protecting moreand more market participants as a more flexible way. In the end, I simply analyze thepresent legislation situation of the contract for the benefit of the third party in ourcountry, and also bring up some new advices, expecting that we can build some moremature judicial system in this area.