Theory Of Judicial Application Of Principle Of Good Faith

With the continuous development of social economy in our country, the civil legal relationship has become complex increasingly. Statute law has its own inherent defects such as hysteresis, language fuzziness. As a result, there are a lot of cases have no according to law or in accordance with the existing legal norms in judicial results from the referee unfair justice in recent years in our country civil judicial practice,Affected by the civil law tradition, the judge has the power to create laws only apply the power of the existing legal rules, in accordance with the law and "no refuse referee" is an important principle in procedure law, so in the real trial, once encounter "could not be in accordance with the" case, the judge is stuck in a dilemma. In practice such as encountered such a situation, the court is usually the newspaper, waiting for the approval of the Supreme Court or judicial interpretation and so on, but this kind of passive behavior undoubtedly brought waste of limited judicial resources and the parties litigation costs increase. The basic principle of civil law is the supreme guiding principle of civil law, civil activities, and the principle of good faith and is referred to as the "imperial terms" countries into the house, so from this perspective, this paper studies in unable to apply legal rules or the absence of the rule of law, the principle of good faith in the field of civil judicial application problems.The research content of this paper is divided into four parts, respectively is:overview of the principle of good faith, the principle of good faith, the theoretical foundation of the judicial application, the principle of good faith in judicial application of the situation in our country, the honest credit principle applies in the judicial rules of theory combing, the principle of good faith the judge discretion in judicial application.This article main research methods are literature method, comparison method, case analysis. In the first part of this article, the second part, the fourth part and fifth part mainly USES the literature method and comparative analysis, access to this area a lot and the representative literature and through the analysis of the existing literature, summarized the current research status of the problem, the mainstream academic thought and my views on this issue. The third part is mainly used methods of case analysis, collect related cases, from the perspective of case study, analysis and study the case of judicial application.