论文部分内容阅读
在法律体系中,民商法占据了很关键的位置,民商事主体从事各种活动都不能缺少民商法作为法律准则。面对信息化与市场化的新时期背景,民商法体现了更重要的约束与规制作用。这是因为,民商法与民众的日常生活具有内在联系,与此同时也确保了最基本的市场秩序。对于民商法而言,诚信原则应当构成其中的基础,民商事主体只有遵照诚信原则来约束自身的活动,才能保障市场经济的顺利运行,在此基础上创造良好的秩序。为此对于民商法最基本的诚实信用原则而言,应当明确诚信原则的特征及其内涵;结合现阶段诚信原则的立法与实践状况,探求可行的完善路径。
In the legal system, Civil and Commercial Law occupy a very crucial position, civil and commercial affairs engaged in various activities can not be lack of civil and commercial law as a legal criterion. Faced with the background of the new era of informatization and marketization, civil and commercial law embodies more important constraints and regulations. This is because civil and commercial laws are intrinsically linked to the daily life of the people and, at the same time, ensure the most basic market order. As far as civil and commercial law is concerned, the principle of good faith should form the basis of the law. Only when the main body of civil and commercial affairs restrains its own activities in accordance with the principle of good faith can the smooth operation of the market economy be guaranteed and a good order can be created. Therefore, for the most basic principle of good faith in civil and commercial law, the principle of good faith should be clarified and its connotation should be clarified. With the legislation and practical status of the principle of good faith at the present stage, the feasible path of perfection should be explored.