Civil Protection Of Contracting Phase Of The Trust Interests

Sometimes the legal relief issue happens in the contracting phase that the contracting party breaches contractual obligations and infringe the inherent benefits of proper trust. There are basic, systematic definitions on the protection of relianceinterst in China's General Principles of Civil Law No. 4 and proxy system, the Contract Law No. 41, 42, however, based on the precondition that the contract parties are equal in form before law, issues on real fairness, real justice and efficiency in the judicial practice have not received enough concern. Furthermore, the existing contract law defines fuzzily on the contracting stage, which makes is difficult to judge which party should take the relianceresponsibility. Taking evolution of the social structure and the relationship contract as the starting point, combining related theories in law economics, the author put forward the legal relief measures that emphasize real justice and fairness of the contracting phase relianceinterests so as to promote transaction security and improve the efficiency of resource allocation. And as an important supplement to damages, mandatory contracting becomes increasingly important in modern society. The full text is divided into five parts.1. Introduction. From the view of economics, relationship contract, the writer points out the importance of strengthening the protection of relianceinterests and the very necessity to study the issue.2. The basic connotation of relianceinterest in the contracting phase. First of all, the author makes a careful analysis on the concepts of relianceand relianceinterest, holding relianceis the contractual action with the purpose of achieving smooth transactions, a combination of subjectiveness and objectiveness, and that relianceinterest is the particular form of civil party's inherent interest which exists between the parties because of the mutual trust. Secondly, from the view of legal parties being not really equal in practice, the writer analyses the complex process of contracting phase and concludes as long as the two sides can enter transactions, which can be regarded as the conclusions of the contracting stage. The parties maintain the public interest, which is not only an important criterion to judge the degree of trust, also a significant basis to judge the contracting stage.3. Theoretical basis and value analysis on protecting the relianceinterest in the contracting stage. After demonstrating various opinions, the author specially analyses the theoretical basis of relianceinterest protection system. Meanwhile, based on the discussion of original and transferred meaning of honest and credit, the writer puts the honesty and credit principle a theoretical leading status in protecting the relianceinterest. The paper summaries the system value of protecting relianceinterest according to the evolution of moral legalization. During the rational use of scarce resources, this system will help remind transaction main parties of serving obligations, which is of vital significance in promoting trade, safeguarding the transaction security, encouraging the optimum distribution of resources and coordinating just interests between individuals and society.4. The comparison investigation on protecting the relianceinterest in the contracting phase. The author first introduces the development of relianceinterest theory, reviewing the legislation in the United Kingdom, the United States, Germany, France and other countries. Secondly, aiming at the local legal culture in our country and the legislation of protecting relianceinterest due to the civil contracting negligence theory, the author point out their abstract law concepts and lack of inherent relevance make the law practice very inconvenient.5. Analysis on the civil law relief solution to the relianceinterest protection. According to the main purpose of the contract is to meet a certain utility, the author holds that, in addition to Damages as a basic relief measure, mandatory contracting, as a product of the increasing conflict between personal and social interest with the deepening market economy, has also become an important part of relianceinterest relief solutions. In discussing compensation method for damage, the author use economic analysis to study the practical problem of identifying faults.Finally, the author believes that the above-mentioned two kinds of relief solutions, working as a free, obvious restriction and potential impetus respectively, bring the contract fresh with a new life.