The Application Of The Principle Of Good Faith In Judicial Process

civil activities follow the principles of equality, voluntariness, fairness, honesty and credibility. Among them, the principle of good faith, living in the central role in the civil law principles, known as the imperial terms of civil law. On modern times, with the rise of market economy, honesty and trustworthiness between people under market conditions formed the foundation on which market operation orderly. Thus the principle of good faith under the conditions of market economy is more important position. The principle of good faith have the guidance faction to legislative, implement the whole process of the civil law and civil law system implemented in the social life and economic exchanges, become the guiding civil subject the production of the basic rules of business behavior. As a legal principle, the principle of good faith is guiding judicial. Judge in the case review process, when the two values in conflict with each other to resolve such conflicts, judge could invoke the principle of good faith to state the reasons; When the law related to the fact that the lack of clear rules judge can not refuse referees that can apply to the principle of good faith, to judge whether the parties or multi-party right or wrong, resulting in a fair and reasonable judgment. From this perspective, the principle of good faith, life is not only to guide legislative and social life can commence, but also because to continue to be updated by the judicial application, and thus the formation of a strict logical system. From this perspective, honest and practical principles as a legal principle, and its judicial application of off involves a degree of realization of the principle of development and the pursuit of value. Based on this, the purpose of this study lies in the principle of good faith in the judicial process of the application how to apply the applicable value and impact.This arrangement on the contents of this article:the origin, meaning and characteristics of the first chapter introduces the principle of good faith; Judicial Application of the principle of good faith basic theory and the extraterritorial experience; Chapter applies the principle of good faith case specific analysis;Chapter judicial value and impact of the empirical analysis.