Application Of The Priciple Of Reliance In The Chinese Civil Liability

This dissertation about study the principles of reliance arising from traffic activities, is"participants in the traffic relations relationship to other traffic participants should take the appropriate action in the case of holders of trust approach, because of the other appropriate behavior or activities which occurred the traffic accident, This is not the principle of responsibility. "producing of the theory enriched its negligence tort theory. the principles of reliance as a typical distribution of the principle of duty of care with the duty of care to measure both sides and negate the role of fault. Because of its presence has a profound social foundation and legal basis, so in addition to the field of play in the criminal things, in the civil field can be applied accordingly. Specifically, the dissertation consists of five chapters.Chapter1 is an overview of the principle of reliance. It Introduces the definition of the principle of reliance, and the duty of the contact history, and its application in our country the possibility of traffic in the analysis.Chapter2 focuses on the principles of the theoretical basis of reliance. Including the social basis and legal foundation. Social basis of reliance is the principle of mutual trust is based on human feelings and common sense of responsibility and the "sense of solidarity," generated. The view that since people living together in a space, then, in order to maintain the harmonious and orderly social life, everyone should bear some of the duty of care, duty of care can not only add to an individual, but it should also trust each other. Legal basis includes the social permitting theory, reasonable danger theory and assigned danger theory. The social permitting theory is the background of justification of the principle of reliance, reasonable danger the danger assigned help to understand the cause of the development of the principle of reliance so, the theoretical foundation of the principle of reliance is not singer,but the plural one, namely "one body,two wings" theory.Chapter3 describes the theoretical foundation of the principle of reliance, including the subjective and objective conditions of the conditions. This part can be seen that application of the principle is to have trust strict conditions, is not easily formed from the side once again confirmed that the principle can not trust the safety of the people against abuse.Chapter4 introduces the principles of reliance restrictions, and the third chapter discusses the trust from the front, the establishment of the principle of different conditions, this chapter discusses the trust from the opposite principle does not exist in several cases, citing foreign precedents confirm the principle of trust does not exist basis.Chapter 5 analyzes the status of our legislation and judicial interpretation and judicial practice areas for improvement. The author trust the cautious application of the principles applicable when the point of view, the principle that our country can be trusted to introduce into the legislature and the judiciary, not only because parts of the country have met all applicable conditions, and that the formal application of the principles of trust will help increasing public traffic awareness, improve the existing traffic conditions, reducing crime and illegal, so advanced traffic environment to better serve social development, promote the progress of social civilization.