Study On The System Of The Contract For The Benefit Of Third Party Of China

With the continuous development of further deepening the reform of our country and the market economy,the urgent need of relief mechanism third rights into the legislative system of civil law system in the category.I ordered the general legislation and special legislation for market transactions,commercial trade operation rules,whether the presence of theenabling altruistic contract questioning,self selected scholars from the perspective of different conclusions from<contract law>unable to agree on which is right.To date,the dispute has not eliminated,scholars did not therefore change the previously selected position,the meaning of this law,only in different positions provide explanation and proof materials.According to the author opinion,this system is still lacking in our country not to conflict.In the face of the legislative judicial system of this application brings,through explaining the theory or methods in the legislation on the legal remedy the gaps in honesty is necessary Based on the plight of judicial practice,this article makes an in-depth discussion on the operation of the system,and thus provides a contingent strategy to build and improve our country's empowering altruistic contract,in order to solve the current practical needs.The structure of this paper is as follows:The first part,starting from the contract for the benefit of third party system evolution and an overview of the theory,through the detailed object to clarify and explain the related concepts to introduce in this paper,in order to have an accurate understanding of its legal status in our empirical method and function.In the second part,through the comparison of the system of the contract of the interests of the third parties in the different legal systems in different countries,in order to understand and grasp the specific provisions of such contracts in foreign countries and its application.The third part,the status and the necessity of reform legislation system of our empirical method.Firstly,I pointed out the deficiencies of legislative mode empirical law,lack of beneficiary right relief mechanism.Based on this,discusses necessity of content change.The fourth part,after the interpretation of the existing provisions,we can see that both the norms of the empirical law and the extraterritorial text design is different,so I should deal with the relevant provisions of the current law to improve the countermeasures,and will focus on the Countermeasures.