The Application Of The Principle Of Good Faith In Administrative Law

Principle of good faith originated in the debt law,became emperor on the principles of civil law.Its meaning in the civil law has good intentions,honest,trustworthy,air,etc.In recent years,the principle of good faith in the application of administrative law has become a hot academic topic.Therefore,this article from the principle of good faith to establish cut in administrative law,which describes the origin of development,its meaning and then launched two civil law connotation of the administrative law should have.First,executive power in the public interest when it should balance the interests of administrative relative person,the second is meant to represent the executive should be true and comprehensive.The reason why the principle of good faith can be established in the field of administrative law paper argues that there are three basic theories:Social Contract Theory,administrative ethics and constitutional theory.Since the principle of good faith basis and have established origins in the field of administrative law,it is necessary to analyze its application in the field of administrative law.This paper analyzes the principle of good faith in the administration,administrative relief,administrative supervision applicable legal relations.Specifically addressed in the administrative principle of good faith on the administrative subject and administrative relative person requirements,as well as specific administrative act,perform administrative contracts,public administration,the administrative guidance apply.Real credit principle applies mainly in the administrative constraints on the relief of the litigants,judges and other participants in the proceedings,such as the prohibition of false statements in the proceedings,prohibition of abuse of rights litigation.In monitoring legal relationship applicable specifically refers to the applicable higher authorities and supervision departments.The rule of law the government there has to be good faith.Finally,a chapter from the basic requirements of the rule of law the government and the government lack of good faith performance start to give way rule of law and government.Principle of good faith practice the rule of law in government is the government perform their duties conscientiously,to be diligent and appropriate.