Honest Policy In Contract Law

Contract law had included honest items in the Roman Times and China deems honest item as the basic policy. Honest policy plays important role because it has the functions of both legal regulation and moral limitation. However, the society is in the changeable time from market economy oriented society to law oriented society and the fake deals are everywhere. So now the market economy is facing honest crisis.In order to apply honest policy to practice effectively, this paper proposes to strengthen legal system, improve education of public and enhance the role of media by analyzing the revolution, role and status of honest policy. On one hand, this paper affirms the authority of honest policy, on the other hand, it points out disadvantages of honest policy and gives some suggestion to enhance the effort of honest policy.On the basis of honest policy, this paper first explores the relationship between honest policy and other items of contract law. Then it states the authority and shortages of honest policy in contract law. At last, this paper gives some suggestion to strengthen the application of honest policy.This paper uses the comparative method and generalizing method to compare the Chinese legal system with other countries'systems. It include the enlightenment from existed legal system in China. Meanwhile, this paper has used several explanatory methods such as meaning explanation, systemic explanation to explain the legal definitions.In addition, this paper has many new points. For example, it explores the similarity of honest policy from America legal system and European legal system. Meanwhile, it analyzes the causes of fake deals and proposes the solutions to solve these problems. Another new point is that it proposes that the honest policy should be contacted with other polices so as to improve the social legal system.