On The Application Of The Principle Of Honesty And Credit In Labor Law

With the rapid development of society and the continuous progress of economic civilization,various types of judicial cases emerge in endlessly in social practice.In this process,some laws are inevitably "out of date" Because of the lag and non operability of legal norms,many cases need judges to apply legal principles or even exceed them.In the field of labor law,the proper introduction of the principle of good faith has an important guiding significance for standardizing and maintaining the normal social labor order and promoting the orderly and healthy development of China's economy and society.In the current practice,there are a large number of labor law cases that apply the basic principle of good faith,that is,judges can use the principle of law in special cases.Through consulting the cases of labor law that apply the principle of good faith on the website of judicial cases,it is found that as a legal principle,the principle of good faith inevitably has the characteristics of abstraction of connotation and diversity of application methods.At this time,the application of "typology" can develop its strengths and avoid its weaknesses.On this basis,this paper discusses the application of the principle of good faith to China's labor law,and makes it concrete through case types.This paper mainly includes the following core contents: first of all,it analyzes the basic legal principles of the principle of good faith applicable to labor law.This paper summarizes the concept and characteristics of the principle of good faith in combination with relevant theoretical theories,differentiates it from the principle of good faith in civil law,expounds the applicable functions of the principle of good faith in labor law,and has a preliminary understanding of the legislative concept and legal support of the principle of good faith in labor law;secondly,it has a preliminary understanding of the current situation and existence of the principle of good faith in labor law The problems of the principle of good faith are analyzed mainly from the three functions of the principle of good faith.The problems of the application of the principle of good faith to the labor law are clarified by tracing the source of relevant cases: the supplementary function of the principle of good faith is not clearly applied,the limitation function of the principle of good faith is suspected to be excessive,and the modification function of the principle of good faith is controversial;finally,Put forward suggestions for improvement.For example,according to the position or work intensity of workers to determine the attached obligations,the employer's disciplinary system,job transfer behavior and the immediate resignation behavior of workers should be reasonably limited,the correction function of the principle of good faith should be applied more carefully,and so on,hoping to make a better contribution to the application of the principle of good faith to the labor law.In this process,with the key words of "principle of good faith" and "labor law",through the application of the principle of good faith in the labor law in recent years,which has been consulted in China's judicial document network and non litigation case network,typical cases with high relevance have been screened out,which is brilliant for the application of the principle of good faith in the practice of labor law.The principle of good faith can not only make up for the limitations of the content of labor law,but also guide the behavior of the main body of labor law.To a certain extent,it can become the basic basis for the discretion of judges,and solve some cases that are not involved in or provided by legal norms.Therefore,it is of great theoretical and practical significance to study the application of the principle of good faith in labor law.