The Comparative Study On The Principle Of Honesty And Credit

The principle of honesty and credit is set up in civil law as the morality bottom line of civil behavior and economic activities carried out by civil objects. It is in the first place a morality principle before it becomes the most basic principle of civil law after technological operation by law. It balances the relations between civil objects and social public profit and between civil objects themselves by regulating the rights and liabilities of civil objects and empowering judges the liberty of judgment as well as the guarantee of national mandatory order.The principle of honesty and credit originates from the morality of honesty and credit, and firstly appeared in Romae Law. It is found on commodity economy and market economy, and is the outcome of special social and economic conditions in western countries. On the contrary, this principle did not exist in anci ent laws in our country, namely, our traditional morality honesty and credit did not change as a law principle.So, the meaning of honesty and credit as a rule of morality is greatly different between our country and western countries. The principle of honesty and credit plays a very important role in the civil activities that is affirmed in China legislation, but the principle is not observed in the activities of the market economy. The lack of honest and credit has become the bottleneck restraining development of economy in our country. The difference of traditional culture of honesty and credit between our country and western countries is a important factor.According to the prevailing laws and regulations in China, this thesis discusses the nature, the historic development and the function of the principle of honesty and credit, comprehensively learn and evaluate the principle of honesty and credit in civil law from the point of theory and practice and finally draws into conclusion that we should strengthen the construction of this principle, not only in the system, but also in the culture.