The Protection Of Reliance Interest

Freedom of contract is a universal accepted basic principal in the field of civil law, and also a symbol of modern civilization. But the development of civilization doesn't equal to unlimited expanding civil rights. The right goes from limited to free and then limited. It appearances the effective power of government on social order, and reflects the restrains and the compromise between the right and the power . The principal of good faith is also the restrain and remedy to the arbitrariness of human beings' behavior.The protection of reliance interest is based on the principal of good faith. The dishonest behaviors during the economic contacting will lead to a horrible crisis of credit. It will not only impede the construction of harmonious society, but also exposed the urgency of building the related system.The target of this dissertation is discussing the defects of the reliance interest protection through the discussion of necessary protection on reliance interest.The main body of this dissertation is divided into four parts:The first part, mainly involves to the faith benefit connotation: First through from occurs in the American first example determined endures the counter-word case the utilization to mention, excavates the faith benefit gradually from judge and juror's question the connotation, then will trust the benefit and the correlation benefit carries on the comparison to obtain the faith benefit the legal characteristic, this will have not to be possible to lack regarding the understanding faith benefit harm constitution.The second part is to trusts the benefit damage compensate the theory elaboration.Here, again utilization comparative analysis writing method.Because mainland legal system and British and American legal system in this system incompletely consistent, some concepts different as well as in system difference, first starts from the faith benefit in two big legal system theory development, the synopsis faith benefit theory in two big legal system development paths, and carries on the evaluation to two big legal system rationales.This part also involves to trusts the protection the necessary value, namely the faith protection is to the transaction security protection, also is the law to the transaction security development protection.The third part mainly elaborated the faith benefit compensation theory question.In which including four questions, namely faith benefit request power foundation, faith benefit compensation suitable principle, faith benefit damage compensate constitution important document and faith benefit applicable scope.This part also is this article key point, not only from the theory theory to requested the power and is suitable the principle and the constitution important document carries on the analysis, also selected the method which enumerated to trust the benefit the applicable scope to carry on the elaboration, because of along with the social economy development and the legal progress, the faith benefit suitable situation as well as the legal rule all could have the further development, therefore this article not impossible to exhaust all situations, but the author could always pay attention to the faith theory the development.The fourth part mainly elaborated the faith benefit theory and the protection in our country's development present situation.Through to the present legal article analysis and the ponder, discovers our country at present the result and the insufficiency which obtains in the faith benefit protection, and finally is putting forward the author not mature proposal. This article in the final conclusion, appealed should speed up based on the fair just order as well as the civilized and the legal regime development and enlarge to trusts the benefit the protection.