Question In "King Provision" Status Of Honest Credit Principle

The honest credit principle is a basic principle in our civil law, but a lot of our legal scholars have located this principle too high ground, taking it as the king provision. Regarding this, the author holds the different viewpoint, trying to write this article to question the king provision status to the honest credit principle. The article begins from the basic knowledge of the honest credit principle, and in this foundation the author proposes her explanation to the honest credit principle. It is an item of source from ethics and morals, and the legalization principle is only a special kind of it. This kind of legalization is actually by no means of civilized progress, which is only one kind of morals unpleased electing. Therefore, the author will try to carry on the question to the king provision status of the honest credit principle in many aspects, such as the appearance, the exist, the essence, the function and the relationship with other basic principles of civil law. Next, the author will list on the disadvantages to stating honest credit principle as king provision. Finally drawing the conclusion, the honest credit is originally a moral request. As we take it as the principle of our civil law, in fact we have already made the localization for the honest credit principle, and we should take it as a basic principle at the present stage. But the honest credit principle is only a principle in contemporary civil law, which cannot be seen in modem civil law, and with the progress of civilization, the honest credit principle will restore its moral essence gradually, leaving the civil law domain.