Research On The Principle Of Good Faith In Civil And Commercial Law

In modern times, the principle of good faith is basic principle of obligation, then gradually become the basic principles of the civil law. It is civil legislation of a kind of value pursuit, known as the "king clause", in China’s creditor’s rights law and property law has its system. At present, society’s understanding of the principle of good faith and maintain there are still many problems, the application of the good faith principle in civil law in our country also faces many difficulties. Therefore, it is necessary to principle of good faith in civil and commercial law do further in-depth exploration.First of all, it analyzes the origin and evolution of the principle of good faith, through the analysis to further grasp the connotation of the principle of good faith, the applicable scope and effect. By studying the current status of the principle of good faith, we found some problems existing in our country. For example, it occurs insincere behavior in the process of market transaction in our country. It hits the enthusiasm of the market. And, it also reflects our principle of good faith in the scope of narrow, and it was not established i n the social credit system. The court in the process of the field of civil and commercial cases, lacks to correctly apply the principle of good faith, to a certain extent, it caused the abuse of the principle of good faith. The principle of good faith into the hands of the court “pocket” casual-serious damage to the legitimate rights and interests of the parties to the legal, blow to the fairness of the law. It had a bad effect on society.The judges in the judicial system in our country, pursuing “based on facts and taking law as the criterion” of the case is not allowed, which to a certain extent, achieves the “by” “fair”,but in the absence of provisions in law and regulations in the process of trial, is still, difficult to adapt to the needs of market development aimed at the existing problems above. Finally, this paper analyses the reason of the problems existing in civil and commercial law, and puts forward to the perfect our country?s principle of good faith.To some extent, civil commercial subject practicing law, abide by the law is to perform the obligations of good faith, which is the integrity of the legal process. Studying the principle of good faith in civil and commercial law of the people’s Republic of China, the establishment of a sound to respect the legitimate rights and interests is the premise of good faith system, to promote the benign development of the system of civil and commercial law, is the happiness of the people’s livelihood, the powerful safeguard for the harmonious development of society.