The Application Of Fair Principle In The Civil Practice

The principle of fairness is a basic principle of civil law. Justice should not only be realized but should be implemented in a visible manner. It is the most important goal of judicial application that how to use the principle of fairness clearly in the process of judicial practice, whether the utilizing effect of the principle of fairness has come up to the people’s expectations, whether the legal consequences can be recognized by the community. It leads to the consequences of "codefendant different judgment" easily because the objective standard of fair value judgment is based on the diversity, relating to many subjects, and there is no uniform standard for the definition of "fair“. Especially in a period of rapid development of the media in today’ s society, the role of public opinion affects the problems of judicial justice deeply.Through revealing the connotation of the principle of fairness, understanding an explanation of the sociological and legal significance of the principle of fairness, we can analysis the status and role of the principle of fairness in civil law and observe the reflections of the principle of fairness in " the Principles of the Civil Law", "Contract law" and "tort law". In specific cases, based on comparison between China and the countries of Anglo-American law system and continental law system on the practice of principles of fairness, we have discovered the diversity of evaluation subjects of the principle of fairness and difference of evaluation criteria, and the problem of discretion in the process of application, the problem of judicial and social conflict and other issues. In order to improve the legal system of China, we need to accelerate actively the pace of judicial reform, refine the applicable standards of the legal principles, improve the operability and practice of legal principles, and implement uniform standards strictly; improve the standards of system for ensuring the supervision of media and public opinion in the court trial activities; apply properly and limit the discretion of the judge. In order to achieve truly social fairness and justice, we should avoid the differences and deviations from the application of the principle of fairness to the maximum.