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Principle of Faith


Abstract China is a long history of civilization, the Chinese nation has always valued the ethical standards of good faith. raised to go to civil and commercial legislation, the provisions of the principle of good faith is a basic principle of civil law, some scholars call it Principle of good faith as a necessary moral tenets of civil society,[link widoczny dla zalogowanych], a causal relationship between an era of a country, a legal system, basic understanding of human nature and basic attitudes. Its role in contemporary law continue to strengthen the trend was to become the civil law was Stage of the modern civil law, the principles of honesty and integrity of the credit requirements and uniform orientation of discretion, recognizing the judge's initiative, the development and supplementing the law played a significant role, also provides that any person must exercise their rights in good faith and fulfill their obligations, mark the establishment of the principle of good faith now. 1, general terms said. 2, the dual function that 3, said the balance of interests. 4, Semantic said. Judges apply the principle of good faith is in essence the development of the existing law, statute of limitations determines the existence of complementary rules, with the rationality of these rules, while also decided in a complementary position only, the law should be true, black and white crystal clear, that clinches it, really no doubt, is not something out of nothing, not of promising no, not turn a blind eye, dispensable, people truly feel the presence of the law, legal and people are the same in the. Law is a public statement from philosophy, is a top big credit, If the parties do not consciously implemented, enforced by the state. Integrity is based on the law of the country, law can not stand without the letter, is the question of the meaning of the law, without the letter fails, is the source of the power law, Law no letter weakness. Credibility is the responsibility of people, are the rules of the game, is the world's development needs, so we are honest and trustworthy, so we better tomorrow!
Keywords: good faith and justice fairly balance the interests of imperial rule, said dual function
Principle of good faith is a basic market economic activities code of ethics, is the modern rule of law is a basic rule of law, but also we implement the CPC Central Committee and the basic principles of rule of law, the principle of good faith is a kind of moral meaning legal norms. China is a long history of civilization, the Chinese nation has always valued the ethical standards of good faith. To a modern society, whether it is China or in Japan, as well as other European countries are invariably the moral code of good faith will be further upgraded to civil and commercial legislation, and put the principle of good faith the provisions of a basic principle of civil law, some scholars its called the If the principle of autonomy to the private law principle is that the modern market economy, civil society, rule of law in the most affectionate of the call, both the autonomy of private law, civil law principle is the soul of the vast number of businessmen and citizens to play the initiative and enthusiasm to do to get dripping , then the principle of good faith and good customs and public order and the principle of autonomy is the wing of two, these two principles as a restraint mechanism and the activation mechanism of Autonomy of a relaxation, a common organic harmony regulate the market economic life. In particular, to prevent the abuse of civil autonomy of the main principles, the principle of good faith is immeasurable power high. Strictly speaking, public order and good morals are derived from the principle of good faith come. Principle of good faith and with moral norms and legal norms of the double features, though not a specific system, but as an abstract principle, for all the civil subject in all civil actions play a restrictive role. According to the principle of good faith, civil subject in a civil act, it should pay attention to credit, keeping your word, do not get their own interests at the expense of the State, the interests of others and the society on the basis shall be without prejudice to the state, and social interests of others under the premise of the pursuit of their interests. What is the principle of good faith, the principle of good faith is a basic principle in life is a fundamental principle of contract law, contract law Article 6, Principle of good faith as a necessary moral tenets of civil society, a causal relationship between an era of a country, a legal system, basic understanding of human nature and basic attitudes. Its role in contemporary law continue to strengthen the trend was to become the civil law was Principle of good faith and therefore of special significance in today's world of legal issues. China (mainland China) started late the principle of good faith, but in the wide world of reference of the new achievements made some necessary and useful to prepare in a short time made great progress, the principle of good faith as a social era spokesman for the judiciary's wishful tool invaluable played an important role. Therefore, I will the principle of good faith in our modern situation and talk about my views on development issues. As in any important legal concept, like the principle of good faith is, in theory, say, today, according to do not pretend or disguise. (A) the principle of good faith Origin and Development of ancient books in China, the long term integrity there, Xiaodi, Chen Lian, justice, non-real, shame and war known as the The principle of good faith in the integrity of contracts originated in Roman law and the integrity of the proceedings. Has gone through Roman law, modern civil law and modern civil law of three stages. Roman phase of the commodity economy reflect the general requirements of the law, the parties of good faith is a reliable guarantee for performance of the contract. Stage of modern civil law, the bourgeois rule of law based on the idea, retaining the integrity of the parties request, but denied the discretion of the judge, the principle of good faith is limited to within the scope of the law of obligations, or required to fulfill the basic criteria for the contract Nonetheless, the legislation also laid the foundation for the future. Stage of the modern civil law, the principles of honesty and integrity of the credit requirements and uniform orientation of discretion, recognizing the judge's initiative, the development and supplementing the law played a significant role, also provides that any person must exercise their rights in good faith and fulfill their obligations, mark the establishment of the principle of good faith now. It should be said, the principle of academic integrity in the course of the origin and development without its controversy, but as Mr. Xu Guodong lack of historical data as a complete system of rational analysis, from Mr. Xu Guodong, , We also pointed out that the principle of good faith aspects of future research directions. For jurists, the history is not a simple statement, but should summarize the history of the development pattern of the phenomenon of law and its profound meaning to the development of its future direction, it can be said that Mr. Xu Guodong the country of research called example of a model. (B) the content of the principle of good faith on the principle of good faith content, mainly in the following four doctrines, 1, general terms said. The principle of good faith and said that uncertainty but has a strong extension of the general provisions of the general provisions as to guide the parties to engage in civil activities, the right to grant judges discretion to fill the legal gaps. 2, the dual function said. It considers, in essence, to the principle of good faith due to the moral and legal norms as one, and has a legal and moral regulation of adjustment and dual function, so has great flexibility in the law, the court thus enjoy greater discretion; can be ruled out, according to party autonomy, and direct adjustment of the rights and obligations between the parties. That principle of good faith with the legal and moral adjustment to adjust the dual function. 3, said the balance of interests. Mr. Xu Guodong that the main principle of good faith requirements of the civil state of mind should be engaged in civil activities in good faith, to exercise civil rights and perform civil obligations. Making civil activities, perform civil obligations, they need to maintain balance the interests of various parties, but also to preserve the balance of interests and social interests, it is sought in good faith between the parties in civil activities and interests between the parties and society balance. The implementation of the tripartite balance of interests, there are lazy people in an honest exercise of management rights in good faith, to fulfill their obligations, and by the judges of the fair administration of justice to finally be creative to maintain. 4, Semantic said. The principle of good faith is that the participants in civil activities, without any fraud and abide by the credit requirements. Some people think that there is judge shall in good faith in the principle as well as between the parties by the parties and society to draw a balance between the interests of justice of the verdict. I think that the [1] [2] [3] Next [/b]