Study Of Administrative Law Principle Of Good Faith

Honesty and credit is a legal principle which results from morality. It was first defined as a "monarch term" in private law field. As the development of law ,the principle of being honest and creditable has been developed to the public law field. This thesis starts with the research point from the resources of language root and the legal root as well as its connotation of the honesty and credit. Through the analysis with large quanties of mactical cases, it does show the principle has been developed into the public law field from private law field. As the rule of life, all laws does nothing but realize social equality as its responsibilities. From this point of view,no matter it is a public or a private law, the principle of honesty and credit shoud and must be adaptable. Being honest and creditable is not only the requirement of private laws but also the spirit of the public laws. Therefore it is certain to be used in the admistrative laws gradually. Thus it is necessary for the principle to be developed into the admistrative field from the field of civil law. In respect of admistrative law, this principle is always involved in certain conditions as well as certain backgrounds. As the time goes on ,public laws and private laws are being connected as kind of trend. The basic theories of admistrative laws has also devdloped, and the ideas of admistrative laws has been innoved at the same time. All these above provide theoretical backgrounds for the formation of admistrative laws. Nence, through the comparison with the adaptable conditions in China and the west to achieve honesty and credit, we can see that if we want to set up and use the principle of honesty and credit, we have to pay enough attention to the related conditions concerning ecnomics, politics and culture. In making laws, the principle has been used in admistrative laws and been proved by lots of legal case, though. However ,the background theories still to be consulted. I think the principle in Chinese admistrative law is theoretically from the constitutionalism under the people's democratic voting, which is the core and symbol of democratic politics. The contemporary democrally, whether it is direct or indirect, is all realized by voting in...