On The Principle Of Fairness Civil Law

Disgraceful consideration principle of good faith, the principle, the principle of party autonomy principle, equality and freedom are the basic principles of civil law. Fair principle as one of the basic principles of civil law, throughout the course of the civil law its importance is self-evident. Fair principle as a basic principle of civil law, it has been used increasingly in judicial practice at present. In trial practice on the application of the fair principle reflects some problems in the process, is worth our reflection. Therefore, the purpose of this paper is to apply to discusses the problem of fairness, thought that the judicial practice in order to provide the beneficial reference.This article mainly from five aspects, and strive to issues related to application of the principle of fairness on the system, analysis. The first part of this article expounds the definition and understanding of the meaning of fairness, to strengthen the understanding of the principle of fairness from multiple angles. The second part discusses the fairness principle in civil law in the field of some, in order to highlight the fair principle in the civil law position, shows that strengthening the research on the principle of justice has its necessity. The third part briefly discusses the moral basis of the principle of fairness, the principle of fairness as the basic principles of the civil lawjs actually the legalization of morality, behind this basic principle, has a basis, deep therefore, applied the principle of equity in judicial practice, should also be considered from the perspective of moral considerations. The fourth part is the focus of this paper is the combination of case, from the angle of judicial practice, the application status and problems in the judicial practice the principle of fairness. This paper mainly analyzes the application of two cases in the trial fair principle, one is in the premise of a rule of law of clear, can directly apply the principle of fairness, and directly applicable principle of fairness conditions; two is the standard of value judgment should be based on the principle of equitable. For the former case, scholars generally believe that, in order to individual justice priority application of legal principles, but for the judge to exercise a little research on the problem in the prior application of discretionary principles of right, the law does not clearly defined. In judicial practice, this paper presented some different codefendant. Therefore, it is necessary for us to explore its, in order to perfect justice, improve judicial credibility. At the same time, the application of fair principle as the court decision, the judge first needs to carry on the judgment of value, different value judgment benchmark directly lead to different cases, therefore, I think, the judge makes a judgment should follow certain objective standard. The judicial practice should pay attention to the form of the rationality of the referee, should also pay attention to realize substantial justice. The law should not be "cold" the law, in judicial practice, we should combine the criterion of judging and social law, especially the application of the principle of fairness. This paper mainly uses the historical method, comparative method and other research methods.