Legal Ethics Of The Civil Law Principle Of Good Faith

The doctrine of good faith, a topic of general interest of law is studied from the aspects of legal function and structuralism etc. This paper analyzes the issue from a completely new viewpoint of legal ethnics a newly-developed subject, which break through the hedge theory of "law is to be studied by law". In this paper, the doctrine of good faith as"Monarch Item" is analyzed in depth from multi-viewpoint and multi-subject. And the analysis is based on the foundation of intersection and interaction of the legal and moral relations. This issue is reanalyzed from three dimensionalities, namely the concept dimensionality, the regulation dimensionality, the order dimensionality. At the concept level, the ethical origin of the in civil law and the method and ethical support of the transform from moral regulation to law rules with a conclusion that the legal function of the doctrine of good faith is the promotion of the moral perfection of the law itself, that is, the transition from the formal justice to the real justice. At the order level, the limitations of the practice of the doctrine of good faith are discussed and the idea of the foundation of social credit system based on the doctrine of good faith is put forward. At the concept level, the highest level, it is pointed out that the doctrine of good faith is the result of the transition from morals to laws. After the case studies, the means, scope and limit of the doctrine of good faith is brought forwards. At the end, it is drawn the conclusion that in the process of contributing our country with law, the essence of the transition from the morals to laws is the promotion and perfection of the morality of law, providing the moral support for rule by law.