论作为法治范式的诚实信用原则及其在《计量法》中的确立和运用

The Establishment and Application of Principle of Honesty and Credit as the Rule of Law Paradigm in the Metrology Law

诚实信用作为一项私法原则,广泛规定在经济法和社会法中,有成为法治范式的趋势。用诚实信用原则观察计量法,可以发现计量法是确立与保证国家计量基础信用的根本法。计量器具的检定与校准是政府与市场对计量信誉的制度保证措施,为保障量值可靠和计量结果公平,计量活动必须遵循诚实信用原则和商业道德。为此,建议《计量法》在总则中增设一条规定"计量活动,应当遵循诚实信用原则和商业道德。"

As a principle of private law,honest credit is widely stipulated in economic law and social law,which tends to become a paradigm of rule of law.By observing the Metrology Law through the principle of good faith,it can be found that the Metrology Law is fundamental to establish and guarantee the basic measurement credit of the state.The verification and calibration of measuring instruments is a systematic guaranteeing measure for the credibility of measurement by the government and the market.In order to ensure the reliability of measurement value and the fairness of measurement results,measurement activities must follow the principle of good faith and business ethics.Therefore,it is suggested to add a clause in the general rules that ＂the measurement activities should follow the principle of good faith and business ethics＂.