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On the principle of good faith applicable in the administration of justice

Author: ZhangLiPeng
Tutor: WangJun
School: China University of Political Science
Course: Legal
Keywords: Good faith Trust Balance Referee Reasoning
CLC: D926.2
Type: Master's thesis
Year: 2009
Downloads: 244
Quote: 1
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Abstract


This article analyzed comb to clarify the connotation of the principle of good faith intent provided by the People's Republic of China Bulletin of the Supreme People's Court case on the principle of good faith and to explore how the administration of justice be achieved. Hope that the view presented in this paper to judicial practice. In this paper, case studies and inductive method to explore the theoretical and practical issues related to the principle of good faith, focuses on the application of the principle of good faith in the judicial practice. The main content of this article are as follows: Introduction to the 2008 China Dairy event of a major violation of good faith leads to this article For elucidation of the problem: What is the principle of good faith? In the administration of justice is how to apply the principle of good faith? A connotation of the principle of good faith This section first describes the theoretical connotation of the principle of good faith. A Comparative Study of the theoretical point of view on the existing basis of the relevant provisions of substantive law, combined with the Supreme People's Court Bulletin \trademark rights and unfair competition dispute case, \Gas Company v. Detection Instrument Factory in Chongqing gas assembly line technology transfer contracts, gas meter parts purchase and sale contract disputes \Connotation of the principle of good faith in the legal sense can grasp from three aspects: the principle of good faith requires that the perpetrator subjectively should be in good faith at least shall not be malicious, of course, this subjective good faith or bad faith to unite to have legal significance in the act or thing; behavior requires that the perpetrator should have people to rely on its predictability and reliability, the actors responsible for their actions, to ensure the realization of his promise; the meaning of the principle of good faith, there is credit to others, to others to bear normal range , requested the right to not be a difficult one. Second, the practical function of the principle of good faith in this section a brief understanding of the scholars on the practical function of the principle of good faith. This article that the principle of good faith on the one hand set up a balanced bridge between the statute and the continuous development is lagging behind and not satisfactory and a variety of real life; the other hand, the principle of good faith should also be with other principles such as freedom of contract, etc. The principle of phase equilibria, in order to get the maximum effectiveness of the principle of good faith in practice. Third, the principle of good faith in the administration of justice in the application of this part of the First Xinyu Company v. Feng Yumei shops contract dispute, \even abuse inappropriate referees phenomenon. This section in terms of positive conditions and negative conditions, legal reasoning, the principle of particularity as well as judges reasoning to explore ways to achieve the positive effects of good faith in the administration of justice. On the one hand, this part of the use of a typical case such as the Dai Xuefei v. China real estate Subscription Agreement deposit disputes, \Beijing zero market research and analysis of unfair competition disputes the three cases to clarify the application of the principle of good faith in the positive conditions: to prevent produce invisible illegal or guarantee the synchronization of the development of legal and social life; \Yeung Village, the village committee compensation for land acquisition allocation dispute \the Huamao non-staple food Fruit Co., Ltd. Jie Chang, Changzhi City Real Estate Development Co., Ltd to develop real estate contract disputes \not convinced that the judgment of the situation, the waste of judicial resources. On the other hand, this section through theoretical argument to limit the application of the principle of good faith in the administration of justice such as \the concrete in order to better apply to specific cases a matter of fact. Conclusion, this paper through a case to illustrate the connotation of the principle of good faith, while the use conditions and to follow the requirements of applicable cases demonstrate the principle of good faith in the judicial practice: the application of the principle of good faith in the judicial practice to pay attention to the balance principle of good faith and the relationship between the other principles of law; honest and balanced relationship between the credit principles and specific laws and regulations; balance between the parties rights and obligations; for the referee to provide a legitimate argument that the reasoning, the judge to balance the dialectical reasoning and rigorous deductive reasoning the relationship between the optimal administration of justice.

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CLC: > Political, legal > Legal > Chinese law > Justice system > The court
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