Rational Reconsideration And Scientific Location Of Good Faith Principle In Civil Law

Good faith is China's traditional virtue; China is also the first socialist country which interpolates good faith principle into the civil action of fundamental law——civil law. Until now, good faith which owns morality and law is the ancient and profound proposition, not only develops into one of the basic principles in the entire law field, but also to be the"Almighty Article"called by scholars.This article insists that although the point which is Good faith principle is equal to be the"Almighty Article"has become the mainstream in educational circle, this location is not scientific and rational. While abandonment of the point does not mean not advocating the virtue of the good faith, this is caused by the legal rationality and social reality.This article is divided into three parts. In the first part, we inspect the historical source of good faith principle, which develops into one of the basic principles. We review the course of good faith principle rising to the basic principle of civil law, analyze its essence, and pry into the historical inevitability of this course. In the second part, we carry on profound reconsideration of good faith principle, which is called"Almighty Article"in the mainstream of educational circle. We analyze the general situation, viewpoint and background of"Almighty Article", then understand"Almighty Article"rationally. In the third part, we pry into the scientific location of the good faith principle in civil law of our country. According to the specific historical background and the current social conditions in our country, we point out that the good faith principle can not be called"Almighty Article", it is merely one of basic principles in civil law of our country.