The Analysis Of Contract Law Principle Of Good Faith By Economics

As China's reform and opening up continually deepening of the country's market economy has undergone profound changes, credit market economy has gradually become an important component of the economy and into our lives, to play an important role. Credit economy as a double-edged sword, improve transaction efficiency, but it also benefits the loss to the transaction brings hidden dangers. The economic law, not bring credibility of such defects is the biggest factor.As China's ancient integrity of the traditional virtues handed down, in contemporary society, it should be our nation inherit and carry forward, we should reflect on every Chinese citizen. Most people believe that we should promote integrity, honesty transactions, or that ethical values among the majority of citizens in the pursuit of our code of ethics. As China's principle of good faith one of the basic principles of civil law, contract law was introduced, the contract has become one of the basic principles of, as a moral binding norms, how to make it in our lives to play a greater the role of its research is very important.From the point of view of law and economics, through the application of the basic principles of economics on contract law principles of the integrity of economic analysis, the study of the principle of good faith has entered a new world. This paper uses the transaction cost theory, the cost-benefit analysis method theory and game theory theory, from the three aspects of China's contract law principle of good faith to the economic analysis. On the principle of good faith in China's market economy the role of the analysis of the "integrity" of the formation of the root causes and treatment of such acts put forward policy proposals and related countermeasures.Writing paper is divided into five parts. The first major part of the contract law principle of good faith was simple exposition. From the analysis of many scholars view the definition of integrity, summed up the principle of good faith in contract law in the definition, and in the process set out in the history of the development of the principle of good faith, and of contract law principle of good faith formation process. Contract law principle of good faith in the regulation of parties to the transaction in the course of transactions with lower transaction costs and maintain market transactions order functions. Finally, maintaining the order of the market transactions, acts such as parties to the transaction showed that the principle of good faith in contract law in the process of running through the implementation of the principle of the effectiveness of play, which reflects the law of contract in the status and role.The second part mainly make use of transaction cost economics of the theory of contract law principle of good faith launched economic analysis. Transaction costs as an economic analysis of one of the basic theory of law, in the field of law and economics is an important position. The rights defined and how the allocation of resources and effective arrangements for the Machakos made a classic exposition, and boils down to Coase Theorem. In the market trading, the transaction costs are usually unable to avoid consuming, but how to reduce transaction costs is the reality we need in the pursuit of the goal. This delay in the market in part through trade and market information asymmetry on the two to explain how the transaction costs in the contract law principle of good faith under the norms are effectively reduced, and thus, for example by contract law principle of good faith in carrying out the process of play an important role.The third part, from the economics of cost-benefit, based on contract law principle of good faith as the research object, its economic analysis. The two sides in the course of performance of the contract, to the pursuit of maximum profit, it will normally take over some of the measures to achieve their own interests, and this transaction will benefit the other side and even social losses. The so-called excessive measures could be manifested in "good faith" activities. After the transaction because its implementation is not integrity of the costs and benefits of comparison, if the costs are lower than the default that the loss of revenue punishment, it will not implement integrity acts. On the contrary, if the cost higher than the proceeds, the transaction will not automatically give up integrity, and trustworthiness in choosing cooperative transaction. This partly by the personal and social aspects of the two transactions conduct cost-benefit analysis, do not identify the integrity of the source.The fourth part of the contract law principle of the integrity of a simple game theory analysis. Game theory is a mathematical tool as a means and from the balance of the two sides in the contract, as well as the choice of transactions and decision-making, to find the optimum strategy theory. Through this part of the classic quote, "The Prisoner's Dilemma" cases, the transactions described in the integrity of how to achieve cooperation between the two sides. Information asymmetry in the market circumstances, the game theory by making a single game into repeated games, making the deal the two sides in the performance of the contract for integrity in the process of cooperation. This will enable parties to the transaction in the long term of the transactions, the realization of economic benefits and win-win, and to improve operating efficiency of the market economy. It can be said that, the game theory for the principle of good faith in contract law analysis of the use of the principle of good faith and better play its role and the promotion of economic efficiency and standardize the market have played a key role in the guidance.The last part is not for rectifying and regulating the integrity of the policy recommendations and countermeasures research. From the economic, legal,moral education, the news media, as well as government action and regulation, and other point of view, the regulation of non-honest conduct of the relevant proposals and measures. For the effective restraint integrity, as well as the promotion of the principle of good faith in contract law to play its role effectively provide theoretical support.Contemporary social integrity as the focus of attention of the broad masses of citizens and the day-to-day talk about a hot topic, the study has been made from its various fields in in-depth. In the field of law and economics, contract law principles of honesty and credibility has also been carried out to an important stage. Most are from the analysis of the transaction cost theory, game theory, and the costs and benefits of the three aspects of the theory. This is the inheritance of the previous research results, to join their contract law principle of good faith understanding of economics. For this article, there are many immature understanding to be criticized correction, in this thankful!...