Analysis Of The Jurisprudence Basis And Application Of Contract Relativity Breakthrough

Any law in legal creative activities, enforcement activities of the program and judicial protection activities should follow specific principles. These principles constitute the soul of the department of law. Some of them are established as legal provision, some are not visible among the provisions. Contract law is no exception. It has already establish a complete set of basic principles in the early development, including the doctrine of privity of contract. Meanwhile, the rights and obligations between the main contract are settled on this basis in order to solve the main contract disputes between them. Therefore, the doctrine of privity of contract is in the basic position of contract law system, which is used to distinguish the Creditor’s rights and the Property rights, the contract law and the property law. With the development of society and economy, transactions are complex increasingly and are carried out of the inherent ways which are settled by contract law. They are illustrated by the following two ways:one is the participation of diverse subjects; the other is the diversification of contract terms. This has led to the lag of contractual legal relationship which had originally established based on the principle of privity of contract. Among those trading activities, people are following the principle of privity of contract mechanically, which is not symmetrical with the flourishing development of economic. As the superstructure, the law should be servised for the economy. However, the contract relative principle has hindered the development of economy and society in a certain extent. Thus, theorists begin to present and discuss the institutional arrangements of contract relativity breakthrough, as well as most countries are trying to establish some systems to break the doctrine of privity of contract in legislative and judicial areas.In our country, there is a great controversy between theorists and practitioners about whether to breakthrough the basic requirements of the privity of contract or in what extent should we breakthrough. The scholars who against the contract relativity breakthrough believe that it violates the privity of contract and will shake the foundations of the existence of contract law as a result of local protectionism flooding in judicial application. The author believes that the opponents have a positive view of upholding the basic position of doctrine of privity of contract in law. but in a way, their views are too extreme and one-sided. Therefore, the author agrees to break the contract in favor of the principle of relativity. In the first chapter of this paper, the basic concepts and principles of the relative contents of the contract are discussed in order to point out the doctrine of privity of contract in the protection of the legitimate interests between creditors and the third. After that, it reminds a debate in the acdemic world about relative breakthrough contract so as to establish a criterion in breakthrough contract relative. Then, the author regards the factual content of contract relativity breakthrough. In the second chapter, the author demonstrated the jurisprudence basis of contract relativity breakthrough from three different parts:philosophy of law, economic analysis of law and Sociology of Law. The third chapter, on the basis of discourse in the preamble, the author puts forward the basic principle of contract relativity breakthrough to be followed by China’s "Contract Law". At the same time, the author applies his own opinion on the third party interests contract system and the improvement of the third people caused by breach of contract according to the needs of our current market economy activities.