Moral And Legal Dilemma

As stipulated in article 4 of PRC Civil General Clauses. Civilian activities should observe voluntary, equitable, equivalence compensation, the principle of honesty and credibility. According to the tradition of Civil Law, the principle of honesty and credibility is regarded as "imperial rule" of civil law; this article aims to represent a profound relationship between the Law and Morality at the back of the principle of honesty and credibility.The analysis object in this article is the principle of honesty and credibility as presented in the foreword. Principle of honesty and credibility regarded as the Imperial rule in civil law. First, this article is to analyze the development and features of honesty and credibility under morality and law this two different environments, and bring forward a doubt on its law identity. There is a distinct difference between Honesty and credibility in morality and in law. Here the author gets a conclusion that the principle of honesty and credibility was brought into the law as a morality. In second part, author is emphasizing the internal purpose of bringing morality into law. Modern law aims to set up a common logic order, individual's honesty and credibility becomes a key element to decide if the whole orders could be set up. However, orders couldn't be set up by the means of law' standard and criterion. Only depend on morality and belief, could the principle of honesty and credibility set up. The value of morality became a kind of demonstration for relativism and emotionalism Therefore, the law's stipulation for the credibility actually shows that the lawmakers hoping to reset and realize law systems through the law force. Then, the inconsistency between morality and laws is discussed next. The contradiction roots from different understanding of society and nature. In classical and Christianism society, morality origin was from spirit or God; while individual value is considered in Modern law. Just in the processing of classical to modern, "God" to "human", teleology is destroyed by...