The Civil Law Trust Protection System

The reliance between the people is the precondition for commence and smooth continuing of the transactions. Therefore it is very important for the market economy to protection such reliance. The development of the reliance protection theory and the enlargement of the reliance protection application reflect the needs of the modern civil law. Concerning Chinese situation, the existing serious reliance crisis has affected the healthy development of the market economy and the construction of the harmonious society, meanwhile, the researches on the reliance protection theory are still insufficient and its legislations are even more incomplete. In view of the above situation, this dissertation comprehensively discusses the theory and legislation of the reliance protection within the civil law field. Moreover the dissertation gives some proposals on drawing up the reliance protection clauses of the civil code based on the achievements of other Chinese scholars.This dissertation consists of four parts apart from introduction and conclusion. It is organized as follows:The introduction mainly includes: the theoretical and practical importance on researching the reliance protection, research methods of this dissertation and the current theories and the existing legislation of home and abroad.Part one illustrates the importance of protecting reliance from two sections. The first section is the definition of the reliance and the reliance protection. By explaining the concept and the comparing with other related concepts, the dissertation points out that, the reliance in the civil law refers to both the reliable feeling and the act done by the party concerned. The reliance should be protected because it is very important to the society especially the transactions in the market. During the different social and economical conditions, the codes of ethics and law applied different forces on protecting reliance. In the market economy and the strange society, laws especially civil law is the powerful tool to protect reliance. Sometimes, the reliance could be produced spontaneously by the economical regularities. The dissertation also analyses the...