诚实信用原则走出历史困境分析

诚实信用原则作为我国民法的一项基本原则存在至今,无论在理论上还是实践中一度成为人们探讨的焦点,一方面是人们对于实现诚信后果的良好期待,同时也证明了实现诚信的艰难,特别是随着我国社会经济事业的日益发展,其作用发挥与价值内蕴发生巨大的尴尬背离,陷入一种困境之中.于是透过历史视城潜心思考,追根溯源,分析形成这种困境的原因,从而为中国当代法律的诚实信用原则寻路通衢便成为一种责任和必然.

The Analysis of the Principle of Honesty and Credibility Extricating Itself from the Historical Difficult Position

Since the principle of honesty and credibility has been involved in the Civil Law as a basic principle,it remains the hot issue in both theory and practice.On one hand,the phenonmenon is due to the good expectation towards the result of achieving the honesty and credibility;On the other hand,it proves the difficulty of realizing the honesty and credibility.Especially,with the development of social and ecnomic undertakings in our country day by day,the function of the principle of honesty and credibility is deviating from its connotation of the values embarrassingly.Consequently,it has been falling into the dire straits.Thus,through pondering this issue with great concentration,tracing to its source,analyzing the reasons that lead to this kind of difficult position,it has become a responsibility and necessity to find possibilities in realizing the principle of honesty and credibility.This thesis aims to achieve those goals from the historical angle.