信用与诚实信用原则之比较

On Comparison between the Credit and Good Faith Doctrine

我国现阶段正在进行信用建设,但信用的建设不能取代民法中的诚实信用原则。前者为道德诚信,后者为法律诚信。二者虽有联系,但在起源、内容、功能及调整方式和表现形式上有区别。诚信原则维护的是实质正义。信用缺失的治理应是将二者相互结合,功能互补。

Our country is building credit system,but credit building cannot take the place of Good Faith Doctrine of the civil law.The former is good faith in morality;the latter is good faith in law.There are some connections between them,but there are differences in origin,content,function,the method of regulation and expression.Good faith doctrine defends the substantial justice.The resolution of credit-losing should joint them and supply their functions.