诚信与法的一般理论初探

On Relationship between Utmost Good Faith and Law

从法的历史和原理两方面探讨 ,诚信与法和法治具有内在关系。法治是良法之治 ,但良法的前提是法必须具备诚信这一道德内涵 ,同时 ,良法对诚信的道德建设又有推进之功。从现代经济与法制的关系考察 ,诚信与法的制定和运行是互动的。

Utmost good faith and law have internal relations viewed in the history and theory of law. Constitutionality, first of all, means rule by good law, whereas good law should contain bona fide doctrine, principle of morality and contributes to the development of morality. And utmost good faith and making and application of law are interaction viewed in the relationship of modern economy and legal institution.