民法上的信賴保護制度及其法的構成－－以歸責要件為中心

靜的安全和交易安全的緊張關系，演繹出市民法上至為經典的權利衝突，本文植根於分配正義之理念，在深刻批判交易安全至上主義的基礎上，全面審視了有關信賴保護歸責的與因主義、過失主義和危險主義，主張以危險主義為歸責原理，並將危險支配確定為最基本的歸責事由，以構造靜的安全和交易安全的利益調節機制。

The tense relationship between the motionless security and the motional security (the trade security) has caused the classical conflict of rights in the field of civil law. Rooted in the notion of justice distribution, and based on the criticism of the supremacy of trade security principle, this article completely examines the three conception which are related to the responsibility doctrine of reliance protection-- principle of causality, principle of negligence and principle of risk. It makes the point that the principle of risk should be the responsibility doctrine, and the management of risk should be the most fundamental fact to take the responsibility. In this way we may construct the interest adjustment system to balance the motionless security and the trade security.