论利他合同制度在我国合同法中的构建

On Establishment of the Third Party Beneficiary Contract in China

利他合同是一种特殊的合同形态 ,它是对合同相对性原则的突破。近现代合同法的演变使利他合同成为一种越来越普遍的社会现象。与世界各国十分重视通过立法确立利他合同相反 ,我国法律尚未明确规定利他合同。本文旨在把握利他合同的真正内涵 ,提出了我国利他合同制度的立法构想。

The third party beneficiary contract is one of the special contracts. It is the breakthrough of the relativity of contract. Along with the development of modern contract, it has become one kind of more and more popular social phenomenon. As compared with foreign legislation in this aspect, it is not dearly and definitely stipulated in China's law. This article aims at illustrative the main connotation of it, so as to put forward to relevant legal reflection on the establishment of system of it in China.