Dishonesty Study

The principle of good faith is the highest guiding principle of private law, and also the important principle of all the modern legal systems. It requires the subjects of both the private law and public law to be honest, to keep their promise and not to damage others' interests when they are exercising their power (rights) or performing their obligations (responsibilities), so as to realize the equilibrium of benefits between the parties and also between the parties and society. Only by doing this can the society establish a normal and harmonious political, economic and life order. But the pity is that good faith has not been worshiped as expected. Many fields especially the economic and political fields in the social life are faced with faith crisis. Frequently breaking faith seriously affects the construction of our harmonious society and our fame in the world. Therefore, it is urgent for our people to keep good faith and make China a country of good faith.In view of the present faith breaking in the field of both the public and private law, the author here tries to probe into the cause of the formation of faith breaking and the countermeasures from the analysis of the legal theory of good faith and the microcosmic and macrocosmic study of the faith breaking, so as to put forward good and reasonable advice for our faith construction.The thesis has five parts:Part I: Good Faith and Faith BreakingAs faith breaking is contrary to good faith, it is important to explain and define the principle of good faith (the meaning, the legal position, the historical evolution and the real value), to make it clear that the principle of good faith is people's acting standard, and thus to make people realize the significance of good faith in the construction of harmonious society, and lay a good foundation for explaining the faith breaking, including the concept, the features, the nature and the legal liability.Part II : The Expression of Faith Breaking and Its HarmfulnessThe thesis first introduces the expression of the faith breaking in the field of economy, politics, society and international fame, and points out that this phenomenon is very popular in our country and really worrisome. Then the author analyzes the faith breaking's serious jeopardy to the economic, political and social life orders, and makes people realize the serious harmfulness of faith breaking and the urgency of solving this problem. Part III: The Cause of Formation of Faith BreakingFaith breaking is caused by many social negative factors. The author tries to probe into its origin from such aspects as law, economy, society, etc. Legal cause: Faith breaking is a law breaking action, it should take the legal liabilities and be punished legally. But there exist many legal loopholes in the relative legislations about faith breaking, and we also lack the social combined punishment mechanism, so we have no proofs to investigate the responsibility of faith breaking, and the punishment is relatively light. This is the basic reason for the spread of faith breaking. Economic cause: Faith breaking in economic field is especially outstanding, which is directly related to the unsound market mechanism and more benefits people get from faith breaking. Social cause: The administrative organs and judicial authorities are not effective in investigating faith breaking; the traditional faith and morality have been lost; the government has lost its good faith.Part IV : To Bring Faith Breaking Under Control.The crisis of faith breaking comes from many aspects such as politics, economy, law, morality, etc. It is caused by many negative factors. To put faith breaking under control requires consideration of many factors and comprehensive administration. Firstly, to improve the relative branch law about the responsibility of faith breaking, and to punish it immediately. Secondly, to establish the socially combined punishment mechanism to make the afterwards punishment. Thirdly, to strengthen the education of good faith and morality. Fourthly, to fasten the construction of governmental good faith and put its faith breaking under control. Last, to deepen the judicial reform and take judicial measures against faith breaking.Part V : Break faith civil liability. All kinds of faith breaking which break the law ought to undertake legal liability , include civil liability , administration responsibility and criminal behavior responsibility. The breaking faith disregarding which kind behavior, should undertake civil liability. Civil liability is that the behavior is responded to the most fundamental legal liability by break faith. But now, the law of our country about civil liability exists a lot of oversight stipulates ,which need to be perfected further.