Study The Principle Of Good Faith

The principle of good faith is called " the king provision" in the mainland legal system, and has the function of judicial creation. But in the judicial practice in China, it is seldom used .This situation isn't adapted to its king seat. How to resolve the difficulty of about it . I am ready to study two questions. One is appropriate condition, another is appropriate process. The former resolve how to instruct judges to be suitable the basic principle, and judges' rights of the liberty of judgment to be limited. The later works out the process to prevent judges from abusing. About the basic principle's concepts , there are various arguments. This article drew up is limiting this principle implication in the foundation, studies this principle suitable condition and the procedure with emphasis, the time puts up a bridge in between good faith principle theory and the practice, by practices certain instruction function to the judicature.