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

Taking 2015 to 2018 as the time node,we retrieved and analyzed the cases related to the legal application of the principle of honesty and credit,and concluded that there are three main problems in the judicial application process: honesty and credit.The connotation of the principle is vague,the function of the principle of honesty and credit is unclear,and the conditions for the application of the principle of good faith are not clear.On the connotation of the principle of honesty and credit,there are a large number of judicial practice in which the judgment is wrong due to the unclear definition of the principle of honesty and credit.These judicial chaos can be summarized as follows: the connotation of the moral level of the principle of honesty and credit is unclear and the connotation of the legal level,the principle of honesty and credit,the principle of public order and goodness,and the principle of fairness are mixed in the application of law.The principle of good faith is written into our national law as a basic principle,which means that it is not only a moral norm,but also a legal principle with legal coercive power.The violation of the principle of public order and good customs is stronger than the anti-social nature of the violation of the principle of good faith.The two should be differentiated and applied.The principle of fairness is an embodiment of the principle of honesty and credit.The judge should first consider the application of the principle of fairness in the process of hearing the case.If it finds that it does not meet the applicable conditions,it should consider applying the principle of good faith.On the issue of the unclear function of the principle of honesty and credit,at present,the mainstream view of the academic world believes that the functions of the principle of honesty and credit mainly have the functions of guidance and evaluation;the function of filling;the function of equilibration and the function of interpretation.In judicial practice,the judges use the principle of honesty and credit to guide and evaluate the case,and often evaluate the morality of the parties involved.Therefore,the guidance and evaluation function of the principle of honesty and credit should be abolished.If there is no specific legal rule or application.Specific legal rules will result in unfair judgments.At this time,judges should play the role of the principle of honesty and credit.If the specific legal rules are vague,the equitable function of honesty and credit should be used in combination with the specific case.At present,although the equivalence function and the interpretation function of the principle of honesty and credit are relatively small,it should be accurately grasped in the application process.On the issue of the conditions of application of the principle of good faith,no unified standards have been formed in both theoretical and judicial practice.When a judge applies a case of honesty and credit to try a case,it is sometimes only to make the judgment document appear more rigorous,and does not consider whether the principle itself has played its legal role,and such judicial chaos should be eliminated.This paper believes that the principle of good faith must be when the specific legal rules are vague;when there are no relevant legal rules;the applicable rules lead to the judicial application of the four conditions when the case is unfair and when there is a value conflict between the specific legal rules.