构建信赖利益损害赔偿责任的思考

信赖利益是指法律行为中,一方当事人基于合理信赖所具有的一种既有利益。这种利益可以体现为财产上的利益,也可以表现为法律行为上的机会性利益。我国现行法律在信赖利益的保护方面存在有诸多不足,我们需要建立这样一种责任制度:既能全面保护法律行为中合理信赖人的利益,又能使双方当事人之间的利益平衡符合公平正义。这种制度便是以保护信赖利益为主要目的信赖利益损害赔偿责任制度。信赖利益损害赔偿责任是有别于缔约过失责任、违约责任与侵权责任的一种独立的责任形式。

Reflections of Construction of the Reliance Interest Damages Liability

reliance interest is a legal act, a party based on reasonable trust has a vested inter- est. This interest can be embodied as the property benefit, can also be expressed as legal acts of op- portunistic interest. About the protection of trust interest in current law of China, there has many de- ficiencies, we need to establish such a responsibility system： not only can give a comprehensive pro- tection to the interests of reasonable trust in legal act , but also can make a balance between the interests of both parties with fairness and justice. This system is the reliance interest damages liability, which has the main purpose to protect the interests of the trust. And it is distinguished from the Contracting negligence, breach of contract and Tort a separate form of liability. ~