随着社会经济的飞速发展,合同相对性原则所赖以生存的土壤已经发生了质的变化,第三人利益合同对合同相对性原则的冲击及合同相对性原则对私法公平正义的背离必须得到重新认识与应用。本文指出建立和完善我国合同法意义上的第三人利益合同势在必行。 With the rapid development of society and economy, the soil on which the principle of contract relativity depends has undergone a qualitative change. The impact of the contract of third party interest on the principle of contractual relativity and the principle of contract relativity on the fairness and justice of private law must be obtained Re-understanding and application. This paper points out that it is imperative to establish and improve the third party interest contract in the sense of the contract law in our country.