On The Protection System Of Trust In Civil Law

Trust, is the foundation of the social activities. The protection of trust is an important content and absolutely necessary in the course of civil legislation, which protects trades security of the whole society and promotes the economy, so the main melody, in the modern private law, is gradually strengthening trust protection.This research mainly utilizes such means as historical analysis, comparative analysis, value analysis and specs analysis etc. Started with the origin and development of the protection system of trust, the research launches into a detailed explanation on the value system and specification system two aspects, and such lawmaking will as value orientation, good faith in transaction and trades security infiltrated into the protecting system of trust, which makes it constitute a whole system under the basic principle, then made a systematic, normative research and design of the fulfillment of the protection system of trust.Other than the preface and epilogue, the scheme of the discussion is divided into four chapters as follows:In Chapter one, the evolvement of the protection system of trust and its development trends in Anglo-American law system and continental law system will be introduced with the angle of the history. So we can know, though the protecting system of trust of the two law systems have the different creation source and totally different development track, but they have the same logical organization, the same important constructive conditions and the same legal consequence , both are different roads lead to the same goals to protect transaction security.Chapter two, with the philosophy and the value analytical method, launches a research on the theories foundation of the protection system of trust in the civil law, such as economic premise, legal philosophy and legal value. Sociological jurisprudence is the firm foundation of the legal philosophy of it. The protection system of trust makes trades security have the priority of protection, which is the justified amend and supplementary on autonomy of private law. At the last, it reasons that the protection system of trust has the value structure with justice,...