论诚实信用原则及其实现
发布时间：2018-11-24 08:02
【摘要】：诚实信用原则被誉为民商法领域的“帝王条款”,始终贯穿、指导着民商事活动。由于各法系、各国的历史背景、文化传统、法律发展历程和所处经济模式等因素的不同,诚实信用原则在其立法、司法实务上的体现也不相同。本文在总结、探讨该原则具体内涵及价值定位的同时,结合当前我国频现的“信任危机”现状,给出解决“信任危机”的根本途径,即诚实信用原则的法治化之路。 本文共分为四部分。第一部分主要是对诚实信用原则内涵的解析,并分析总结该原则的起源与发展,通过比较分析,给出了诚实信用原则的含义。同时也对诚实信用原则的起源与发展进行了回顾,以便能够更好地理解其内涵。 第二部分着重介绍了该原则的价值定位和制度运作,并明确了其在民商法领域确立的必然性及适用的局限性。通过总结探究该原则的价值及其自身的局限性,能够更好理解该原则发展相对缓慢的原因。 第三部分介绍了该原则在域外法律体系中的具体发展情况,并着重介绍了美国信用管理法律体系的特点及运作情况。当前中国大力发展市场经济,同时也意识到信用经济的发展潜力巨大,而美国信用管理法律体系是公认的比较完善的信用管理体系,对我国在信用管理方面的立法有着很好的借鉴作用。 第四部分,着重论述了当前我国社会所面临的诚信缺失导致的严重信任危机,并着重分析了食品安全领域当中的信任危机、立法及司法问题,并提出了我国将诚实信用原则具体化、法治化的途径。
[Abstract]:The principle of good faith is praised as the "imperial clause" in the field of civil and commercial law, which always runs through and guides civil and commercial activities. Due to the differences of various legal systems, historical background, cultural tradition, legal development process and economic model, the principle of good faith is not the same in its legislation and judicial practice. This paper summarizes and discusses the concrete connotation and value orientation of the principle, at the same time, combining with the current situation of "trust crisis" in our country, it puts forward the basic way to solve the "trust crisis", that is, the rule of law of the principle of good faith and credit. This paper is divided into four parts. The first part mainly analyzes the connotation of the principle of good faith and summarizes the origin and development of the principle, and gives the meaning of the principle of good faith through comparative analysis. At the same time, the origin and development of the principle of good faith are reviewed in order to better understand its connotation. The second part mainly introduces the value orientation and system operation of the principle, and clarifies its necessity in the field of civil and commercial law and the limitation of its application. By summing up the value of the principle and its own limitations, we can better understand the reasons for the relatively slow development of the principle. The third part introduces the specific development of the principle in the extraterritorial legal system, and emphatically introduces the characteristics and operation of the credit management legal system in the United States. At present, China is vigorously developing the market economy, and at the same time it is aware of the enormous potential for the development of the credit economy, and the United States credit management legal system is recognized as a relatively perfect credit management system. For our country in the credit management legislation has a good reference. The fourth part mainly discusses the serious trust crisis caused by the lack of good faith in our society, and analyzes the trust crisis, legislation and judicial problems in the field of food safety. At the same time, the author puts forward the way to concretize the principle of good faith and rule by law in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D913
本文编号：2352898
[Abstract]:The principle of good faith is praised as the "imperial clause" in the field of civil and commercial law, which always runs through and guides civil and commercial activities. Due to the differences of various legal systems, historical background, cultural tradition, legal development process and economic model, the principle of good faith is not the same in its legislation and judicial practice. This paper summarizes and discusses the concrete connotation and value orientation of the principle, at the same time, combining with the current situation of "trust crisis" in our country, it puts forward the basic way to solve the "trust crisis", that is, the rule of law of the principle of good faith and credit. This paper is divided into four parts. The first part mainly analyzes the connotation of the principle of good faith and summarizes the origin and development of the principle, and gives the meaning of the principle of good faith through comparative analysis. At the same time, the origin and development of the principle of good faith are reviewed in order to better understand its connotation. The second part mainly introduces the value orientation and system operation of the principle, and clarifies its necessity in the field of civil and commercial law and the limitation of its application. By summing up the value of the principle and its own limitations, we can better understand the reasons for the relatively slow development of the principle. The third part introduces the specific development of the principle in the extraterritorial legal system, and emphatically introduces the characteristics and operation of the credit management legal system in the United States. At present, China is vigorously developing the market economy, and at the same time it is aware of the enormous potential for the development of the credit economy, and the United States credit management legal system is recognized as a relatively perfect credit management system. For our country in the credit management legislation has a good reference. The fourth part mainly discusses the serious trust crisis caused by the lack of good faith in our society, and analyzes the trust crisis, legislation and judicial problems in the field of food safety. At the same time, the author puts forward the way to concretize the principle of good faith and rule by law in our country.
【学位授予单位】：山东大学
【学位级别】：硕士
【学位授予年份】：2011
【分类号】：D913
【引证文献】
相关硕士学位论文 前1条
1 杨丽丽;诚实信用原则在我国司法中的适用[D];内蒙古大学;2013年
，本文编号：2352898
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