交易公平原则本体论

交易公平原则作为基本原则,在商法中一直未得到充分的认识。交易公平原 则以平等为前提,以公平交易为内容,是以交易的可接受为形式的商法基本原则 交易公平原则与民法、经济法中的公平原则有异有同。

An ontological treatise in fair exchange principle

Fair exchange principle as a fundamental principle did not get enough recognition for its significance over a long time. Starting from the primary concepts like exchange"," fairness" in economics and ethics, this article will discuss the concept of fair exchange at first. Based on the findings in welfare economics and political economics and some other evidentially proved results, we are going to define fare exchange principle as a fundamental principle in commerce, which takes equality as its premise, fair exchange as its content, and acceptability of exchange as its form. The article will also compare fair exchange principle with the equality principles in civil law, economic law, and administrative law. We attempt to give this principle an illustration in detail.