诚实信用原则在民商法中的体现

The Embodiment of the Principle of Good Faith in Civil and Commercial Law

诚实信用原则是民商法中的地位非常的高原则之一,它既是市场经济活动中的一项最基本的道德准则,也是当今法治社会中一项最基本的法律规则。在民法中甚至被称为"帝王条款"~①,"最高准则"。然而,由于现阶段诚实信用原则仍旧只是一种民事立法的价值追求,却并没有非常直接地涉及到民事主体具体的权利以及义务,所以诚实信用原则在现实生活中显得非常的抽象。另外,随着我国改革开放四十多年的飞速发展,使得经济的发展速度远远超越了整个社会其他领域的发展速度,比如法制方面,我国当前的法律发展程度相比于经济发展的程度是明显落后的,部分市场经济活动已经远远的刺穿了道德的底线,但是法律制裁却仍处于后知后觉的状态,比如最为著名的"三鹿奶粉"事件,"假疫苗"事件。也正是因为诚实信用原则概念的抽象性和现行社会发展状态下法制建设的相对滞后性使得市场经济活动中与诚实信用原则相背离的行为时有发生,且积病难除。完善法律条款,有效维护诚实信用原则。法制建设一定要跟上时代的步伐,体现时代的需求。

The principle of good faith is one of the highest principles in civil and commercial law. It is not only the most basic moral principle in the market economy, but also the most basic legal rule in the society of ruling by law. In civil law, it is even referred to as the 'imperial clause', the 'supreme rule'. However, since the principle of good faith is still only a value pursuit of civil legislation at the present stage, it does not directly involve the specific rights and obligations of civil subjects. The principle of good faith is very abstract in real life. In addition, with the rapid development of China’s reform and opening up for more than 40 years, the speed of economic development has far exceeded that of other areas of society, such as the legal system. Compared with the level of economic development, the current level of legal development in our country is obviously backward. Some market economic activities have penetrated the bottom line of morality far, but legal sanctions are still in a state of hindsight. For example, the most famous 'Sanlu milk powder' incident, 'false vaccine' event. It is precisely because of the abstraction of the concept of the principle of good faith and the relative lag of the legal system construction under the current social development that the behavior which deviates from the principle of good faith in the activities of market economy occurs from time to time and the disease is difficult to eliminate. Improve the legal provisions, and effectively maintain the principle of good faith. Legal construction must keep up with the pace of the times and reflect the needs of the times.