A Study On The Principle Of Honesty In Civil Law In Two Legal Systems

The principle of good faith in the two legal system countries because of the historical tradition and the development of different processes, and its final legal status is also very different. In the continental legal system, the principle of good faith is in the dominant position in German law system.. The principle of good faith in France early in the nominal position, but in recent years its in legislation is to expand the application of the principle of good faith and the justice have about the principle of honesty and credit, a large number of application of successful experience. In the countries of Anglo American law system, British legislation, although not expressly uniform provisions concerning the principle of good faith, but many of its department law provisions with the principle of good faith, and justice is the formation of a legal precedent system of a large number of application of the principle of good faith. American in the legislation on the good faith principle provisions for mainly concentrated in the provisions of civil and commercial rules, and successfully applied to solve the case in the administration of justice, but also the formation of a unique principle of good faith legal precedent system. Common law system countries began to draw on the successful experience of the mainland legal system of the principle of good faith in the legislation. The study of the principle of good faith in China from the beginning of twentieth Century 90 "s, the pre research mainly concentrated in civil law and civil procedure law field. Along with the research, the scholars begin to study the theory and the judicial application of the honesty principle in the criminal law, the administrative law and so on.. Overall, the research on the principle of good faith in China is not enough, and the practice of legislation and judicial application needs to be improved.. The full text altogether divides into five parts:the first part mainly is to the two legal system good faith principle the origin, the historical development and the legal status and so on the general research. In countries with different legal systems and the principle of good faith will always adapt to the national conditions and the state needs to be developed, because of their respective development difference, determines the principle of good faith in the countries of the historical status of the different. The second part mainly carries on the comparison research to the civil law principle of good faith in the two legal system country. Only by making clear the connotation and essence of honesty principle in the two legal system, can the honesty principle be applied correctly, and better balance the interests of the parties and the public interest of the society. Regret is, whether it is in the civil law system countries and Anglo American law system countries, the connotation and the essence of the principle of good faith dispute exists; the third part mainly conducts the research to the principle of good faith in civil law in the legislative practice of the countries of the two legal systems. The fourth part mainly studies the judicial application of the civil law honesty principle in the two legal system countries.. The fifth part is mainly through the civil law credibility principle in the two legal system of theory, legislation and judicial research, in order to the integrity of our country principle to produce positive theory, legislation and judicial significance.