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公平原则是民法中一直被要求遵循的古老原则,其突出强调评判民事活动的伦理性;是人们在长期的社会实践活动中总结、提炼出的有关参与民事活动所应遵守的基本准则和规范,是对民事活动最朴素、最根本的认识,对其他民法原则起着指导和统率的作用,对于推动民法的发展和演进也起着重要作用;在实践中发挥了立法基础、行为指南、司法指针及漏洞补救的功能因而成为民法的最高原则,但公平原则并非无可挑剔,其依然存在不足之处,笔者试图通过对公平原则的概念、含义、意义等方面的阐述,探讨如何在实践适用中对其进行完善和加强。
The principle of fairness is the ancient principle that has always been required to be followed in civil law. It emphasizes the ethics of judging civil activities. It is the basic norms and norms that people should summarize and refine in participating in civil activities in the long-term social practice. Is the simplest and most fundamental understanding of civil activities and plays a guiding and dominant role in the other civil law principles. It also plays an important role in promoting the development and evolution of civil law; in practice, it has played a legislative foundation, a guide for conduct, a guideline for justice And the function of the remedy of the loopholes thus become the supreme principle of the civil law. However, the principle of fairness is not impeccable, and there are still some shortcomings. The author attempts to discuss how to apply the concept of fairness, its meaning and significance in practical application Improve and strengthen it.