Study Of Administrative Law Principle Of Good Faith

Looking back on the history of legislation in the past, good faith is a legal principle developed in civil law and has functions of guiding, evaluating and judging. Now, the social connections become more and more complicated, more and more civil disputes arise, the doctrine of strict regulation meets with a difficult position. Under existing conditions, the principle of good faith becomes a powerful instrument the judiciary deals with complicated situations in the civil legal relations. Along with the promotion of the academic circles, the accumulation of the legal precedents and the affirmation of the legislation, the principle of good faith gains the status of imperial clause. Now, public law and civil law has a trend of mixing together. That If the principle of good faith can be an administrative law principle and adjust the administrative legal relations becomes a controversial problem. In pace with the coming of the third tide of administrative procedure legislation, some countries and regions have stipulated that good faith is an administrative principle. But what is its connotation, What is its foundation to apply in administrative law, How to apply it and so on, all of these questions need us to make a thoroughgoing study. By way of carding the research achievements before, drawing lessons from foreign advanced experience, on the base of the knowledge that the principle of good faith can be applied in administrative law, this thesis makes a preliminary study on the principle of good faith. To sum up, this thesis consists of seven parts as follows: The introduction concludes three contents: First, it introduces the origin and development of good faith in the western countries and its recommendation into the eastern countries. Second, it analyses the relationship between good faith in the legal sense and the one in the moral sense, reaching a basic conclusion that the legal principle of good faith contains the demand of western moral of good faith. Chinese traditional moral of good faith can not give more help to the study of the legal principle. Third, it points out the fact that the regulating range of good faith has exceeded civil law and gone into the public law in modern times. In addition, this part also explained the significance, range and methods of this research. In the first chapter, the author introduces the course the principle of good faith introduced by administrative law. The first section reviews the evolution of the principle of good faith in civil law. According to the logical order of theory, judicial precedent and legislation, the second Section introduces the fact the principle of good faith is admitted and assimilated by civil law system and Anglo-American law system, revealing a basic fact that the principle of good faith has adjusted the administrative legal relation in modern times. The second chapter analyses the connotation of the principle of good faith. In the first section, the author introduces the current situation how the principle is defined in the civil law and administrative law, illustrating a fact that it is too difficult to promulgate the connotation of the principle. In the second section, using a descriptive method, the thesis analyses the connotation of the principle of good faith in civil law, pointing out that the principle has three pieces of requirements: good will and since, keep one's word, justice and equity. The connotation of this principle in administrative law should also be defined among these requirements. On base of this analysis, the thesis induces the application of the principle of good faith in administrative law, to the administrative bodies and also to the private party. The third chapter discusses the foundation administrative law introduces the principle of good faith. In the first section, the author criticizes the negative viewpoint that the principle of good faith can not be introduced into administrative law on the base that there is a strict distinction between civil law and public law. The thesis also reveals that the theories of o...