On The Principle Of Reliance And The Application In Traffic Negligence In China

Along with the development of Chinese economic, the transportation is gradually booming, the assistant establishment begins to be perfected and people's traffic consciousness is increasing. At the same time, the transportation also brings people more hurts: the number of the traffic accidents is increasing and people's security of lives and possessions has been threatened. It's a very important task to deal with the conflict between the development of the transportation and the security of people's lives and possessions. As a principle of distributing the obligations to people with reason, the principle of reliance has been introduced rapidly after being brought up in Germany. And now, in Japan, the principle of reliance has not only been used in transportation and also in other fields that need cooperation and danger-assuming like cure and architecture.The principle of reliance is base on reasonable danger theory and assigned danger theory. In the process of the generation of the principle of reliance, it connects with the traditional negligence theory and the new negligence theory. The appearance of the principle of reliance accelerates the development of the negligence theory and limits the confine of the negligence crime. It also accelerates the development of the transportation, lightens people's obligation and advances the progress of the civilization.There are some questions in theory and in practice on the introducing of the principle of reliance. There is a very fierce debate between Chinese academicians on the application of the principle of reliance, existing the opposing theory, supporting theory and partly applying theory. The topic of the debate is about how to use the principle in practice. The article takes the method combining theory with practice to analyze the principle. At part one, the article analyzes the conception and history of the principle, and then, the part two is about its theoretical foundation, concluding social permitting theory, reasonable danger theory and assigned danger theory. At part three, the article analyzes the fundamental rule of Application and function of the principle of reliance. At the last part, the article sum up academicians' viewpoints and analyzes Chinese traffic circumstance, especially discussing introducing the principle of reliance into our law and how to use it. It's a long procedure to use the principle of reliance in China. Chinese academicians arestill discussing about the question of using it and have not come to an agreement. Thesolution of the use of the principle needs Chinese academicians' further researches. I hopethe points about introducing the principle into our law and the thought about how to use itcan make some help to Chinese academicians.