On The Application Of The Principle Of Good Faith In Civil Law

The principle of good faith is a basic principle of civil law in our country,is to establish equal,harmonious,civilized and orderly social environment of one of the most basic code of conduct,the principle of good faith has the dual nature of morality norms and law codes,is representative of the moral legalization,the main body of supervision and restriction of civil legal activity is of deep significance,known as "king clause".In the recent civil code compiling process,clear the principles of honesty and the principle of equality,voluntary principle,fair principle,the principle of law-abiding and principles of green established as the basic principles of the civil law general principles.The principle of good faith in civil law are applicable in the substantive law and procedural law,this article emphatically from the Angle of substantive law in this paper,the principle of good faith in the legal application problems.The first is introduction to the principle of good faith general theory,this paper expounds the principle of good faith the connotation,characteristic and function of theory foreshadowing for the later discussion drive;Secondly discusses the applicable conditions of the principle of good faith in civil law in our country,in the civil law general principles,the property law,creditor's rights law,the tort liability act of reflected,such as the principle of honesty and credit in the development and application of two important legal systems,combined with the actual case,vertical and horizontal comparison analysis.Finally through to the above content,summed up the principle of good faith in civil law applicable in our country the problems and reasons,and put forward feasible Suggestions.This paper through the analysis of the principle of good faith in civil law of the People's Republic of C hina and to explore the principle of good faith in civil legislation in our country to be more perfect,make the function of the principle of good faith and role as the economic and social development play a bigger role,in order to promote and promote our country socialist market economy healthy and orderly and rapid development,promote and promote the construction of a harmonious socialist society.