Study On The Legal Problem About Government Esponsibility Of Our Social Security

To 20th century, the reliance interest compensation has established and acknowledged by legislation and judicial practice of the Mainland legal system,British and American legal system countries and area. The continental method believes that the reliance interest is the legal act invalid and relative person trust it for effectively, because the invalid results suffers harm. The British and American principle believes that the reliance interest was based on the faith which granted to the defendant, the plaintiff changed his situation, sentenced the damage compensate eliminates, the another reason for the plaintiff to trust the harm which the defendant granted suffers. For going deep into to study this problem, this text combines domestic and international scholars of related research and our country the circumstance of the judicial fulfillment, mainly made use of analytical research method. This text believes that the reliance interest compensation should be applied widespreadly as a basic principle of the law in our country.This text begins with the basic theories of the reliance interest first, pointing out the concept of the reliance interest in contract, clearing in meaning its characteristic and analyzing the composing important item of compensation for reliance interest in contract. Secondly, analyzes the related system and its development present condition of the Mainland legal system, British and American legal system countries and area, and compares the same and the differentia of the compensation system with two big legal system to investigate the purpose of the reliance interest system existence and the direction of the development. Finally, in this foundation, analyzes reliance interest system in our country standard present situation, promulgates insufficiency to inquire into again skeleton our country trusts the interest system the necessity, and trusts the benefit the skeleton to propose some concrete tentative plans with the suggestion.In our country《Contract Law》drawing lessons from the foundation from the two big legal system, has set up the basic frame of compensation system for reliance interest in contract, but also existed the place of shortage. In consideration of the shortages on compensation system in the current contract law of our country, can carry on a modification to the current law to perfect the reliance interest system. Put forward the following suggestions : 1. explicitly define the basic meaning and its theories basis of reliance interest system, and the basic content of explicit'reliance interest is the logic point of constructing and perfecting the reliance interest system; 2. extend applying scope of the reliance interest protection in contract, and construct indemnity responsibility system that the contract is not established, the contract is invalid or is canceled and the contract is effective or is implemented on the foundation of the honest reputation principle and the trust rule ; 3. establish the scope of the compensation for reliance interest in contract, it should include property loss and not property loss; 4. explicitly define the principle of the compensation for reliance interest in contract, the principle that the compensation for reliance interest can not exceed to implement interest should not come to a deadlock.