依据传统的合同相对性原则,合同效力只囿于合同双方当事人。合同当事人既不能为合同外的第三人设立权利,也不能为合同外的第三人设定义务。而随着社会经济的发展,起来越多的合同涉及到合同外的第三人。利益第三人合同与附保护第三人作用合同都是涉及合同外第三人的合同,两者既有一定的渊源关系,又有很大差异。本文试图分析两者之间的联系和区别,以期对两者作准确的认识。 According to the principle of the traditional contractual relativity, the validity of the contract only depends on the parties to the contract. The parties to the contract can neither establish the rights for the third party outside the contract nor set the obligations for the third party outside the contract. With the socio-economic development, the more contracts that are involved involve the third party outside the contract. The third party contracts with benefits and the third party contracts with protection are all contracts involving the third party outside the contract. Both of them have some original and very different origins. This article attempts to analyze the connection and difference between the two, with a view to accurate understanding of the two.