在国际海上货物运输合同中,收货人或提单持有人相对于订立运输合同的托运人和承运人来说是处于第三人的地位。根据合同的相对性原则,只有合同的当事人享有合同的权利,履行合同的义务,以及在对方违约时以自己的名义起诉。当运输中的货物遭受灭失或损害时,有损失的人(第三人)不能以自己名义起诉,能起诉的人却没有损失。所以保障第三人权利是至关重要的问题。英国有一句名言,叫做“救济大于权利”,即如果权利被侵犯得不到救济,那权利也就失去了应有的价值。本文就英国法下第三人的诉权作了详细的论述。 In international contracts of carriage of goods by sea, the consignee or the bill of lading holder is in a third person’s position relative to the shipper and carrier who entered into the contract of carriage. According to the principle of relativity of the contract, only the parties to the contract have the right to the contract, the obligation to perform the contract and prosecute in the name of the other party when the other party defaults. When the goods in transit suffer loss or damage, the person who has suffered the loss (the third party) can not sue in his own name, and the person who can prosecute has not lost money. So safeguarding the rights of third parties is a crucial issue. There is a famous saying in the United Kingdom called “relief is greater than right,” meaning that if rights are not remedied, the rights lose their due value. This article gives a detailed account of the third party’s right of action under English law.