The Value Of Good Faith In Chinese Legal Process Of Legislation

Good faith is a complicated social phenomenon. It would present different connotations and provisions from different perspectives. The basic connotation of good faith under Chinese traditional ethic includes the following three aspects: good faith is a necessary condition for people's proper behavior and society's orderly development, good faith is a basic rule guiding communications between persons, good faith is a basic guiding rule for governors to administer the country. Good faith as a basic principle of the law, refers to abiding by social contract. It aims for balance interests between a party/parties and society through the party exerting his rights and implementing his obligation to achieve social justice. Legal good faith is based on moral good faith, while moral good faith is guaranteed by legal good faith.Good faith is a postulate for people's survival and development. A person could not behavior well without good faith; business could not prosper without good faith; a nation could not become powerful without good faith. During the economy shunt in China, the lack of good faith is evident. The spread of good faith crisis not only becomes the bottleneck to our economic and social development, but also erodes the construct of rule of law. Rule of law is morally based on good faith, so a rule of law lacking good faith is not a good rule of law. A legal community needs not only internal moral adjustment but also external prescription of legal good faith. So, we should strengthen the study of good faith and set up system of good faith as soon as possible during the legal process of legislation. The article defines good faith and analyzes good faith from moral and legal perspectives including the relationship between moral good faith and legal good faith. It also presents the relationship between good faith and our legislative society. Moral good faith is the interior feature of our legislative society. Legal good faith sets regulations for the legal society externally. The paper mainly dealswith the value of legal process of legislation, execution of the law, judicature, abiding by the law and legal supervision. In the dynamic legal process of legislation, execution of the law, judicature and abiding by the law, good faith in legislation is the precondition of good law; good faith in execution of the law, judicature and abiding by the law is the presupposition of executing and abiding by good law; good law and executing it are the specific connotation of rule of law. If law is an explicit regulation to maintain social order, good faith is a concealed lubricant that is embedded into legal community by law.