论诚信原则对商法制度变革的推动作用
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摘要
随着我国经济的发展,民商法越来越健全,诚实守信作为民商事行为的一个基本准则,也是商法的一个根据立法原则,已经纳入我国民法和商法的基本原则体系中。诚信原则能推动商法的发展、完善商法立法体系、建立合理的经济秩序,提高社会主义市场经济的有序性和竞争力,使得欺诈行为受到应有的法律代价。同时,以诚信原则为基准原则进行商法立法和商法体系规范建设,能推动人们在生活中讲信用、守承诺。诚信原则是商法发展的根本追求,也是民商法与国际接轨的基础。在民商法改革时代背景下,加大诚信原则的体现力度,突出诚信原则在民商法中的地位,目的在于推进我国市场经济朝着更好的方向发展。
With the development of our country's economy, the civil and commercial law is becoming more and more perfect. Honesty and trustworthiness, as a basic criterion of civil and commercial conduct, are a legislative principle of commercial law,and it has been incorporated into the basic principle system of civil law and method in our country. Under the principle of good faith, the orderly development of commercial law is promoted, and the orderly nature of socialist market economy is improved. This paper analyzes the role of economic development in promoting the reform of commercial law system under the principle of good faith. Then, everyone should make perfectly the legislative system of commercial law, build a reasonable economic order and enhance the competitiveness of socialist market economy. On the basis of the principle of good faith, the commercial law legislation and commercial law system will build people to keep their promises and credit in their daily life. The principle of good faith is not only the fundamental pursuit of the development of commercial law, but the basis of the civil and commercial law in line with the international standards. Under the background of the commercial law reform era, the civil and commercial law reform will strengthen the embodiment of the principle of good faith and stress the position of the good faith in the civil and commercial law, Promote the market economy of our country to develop in a better direction.
With the development of our country's economy, the civil and commercial law is becoming more and more perfect. Honesty and trustworthiness, as a basic criterion of civil and commercial conduct, are a legislative principle of commercial law,and it has been incorporated into the basic principle system of civil law and method in our country. Under the principle of good faith, the orderly development of commercial law is promoted, and the orderly nature of socialist market economy is improved. This paper analyzes the role of economic development in promoting the reform of commercial law system under the principle of good faith. Then, everyone should make perfectly the legislative system of commercial law, build a reasonable economic order and enhance the competitiveness of socialist market economy. On the basis of the principle of good faith, the commercial law legislation and commercial law system will build people to keep their promises and credit in their daily life. The principle of good faith is not only the fundamental pursuit of the development of commercial law, but the basis of the civil and commercial law in line with the international standards. Under the background of the commercial law reform era, the civil and commercial law reform will strengthen the embodiment of the principle of good faith and stress the position of the good faith in the civil and commercial law, Promote the market economy of our country to develop in a better direction.
引文
[1]叶仪善.民商法中诚实信用原则的内涵及其完善路径研究[J].法制博览,2017,(09):274.
[2]周倩.民法之诚信原则在共享经济中的应用研究[J].法制博览,2017,(05):266.
[3]陆舰.浅谈民商法中诚实信用原则的内涵及其完善路径[J].法制博览,2016,(21):266.
[4]杨鑫.浅议市场经济条件下民商法中的诚实守信原则[J].新西部(理论版),2016,(13):75+68.
[5]刘东陆. 环境保护中的司法介入与法律适用性研究[J].环境科学与管理,2018, 43 (1): 28-31.
[2]周倩.民法之诚信原则在共享经济中的应用研究[J].法制博览,2017,(05):266.
[3]陆舰.浅谈民商法中诚实信用原则的内涵及其完善路径[J].法制博览,2016,(21):266.
[4]杨鑫.浅议市场经济条件下民商法中的诚实守信原则[J].新西部(理论版),2016,(13):75+68.
[5]刘东陆. 环境保护中的司法介入与法律适用性研究[J].环境科学与管理,2018, 43 (1): 28-31.