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诚信原则,向为私法之原则,然也有学者认为此原则不独私法,对于公法、宪法亦可适用。①但是,如何将其引入公法范围且意义如何?法学界鲜有专篇论述。笔者不揣浅陋,试作此文,权当引玉之砖。诚信原则,即是要求法律关系当事人间权利行使义务履行之善意,以调整其间之利益,乃系在自由主义之基调上,由内部加以修补的一种法律原则。②释言之,该定义有以下几层含义:1.诚信原则为法律原则。与追求自律的道德律不同,诚信原则是他律的,是以社会伦理观念为其基础,肯认法律与道德之相互作用。换言之,该原则乃是道德之法律技术化的产物。2.诚信原则系发
The principle of good faith, to the principle of private law, but some scholars think this principle is not the law of privacy, the public law, the Constitution can also apply. However, how to introduce it into the scope of public law? I do not guess humble, try this article, the right to lead the jade brick. The principle of good faith, that is, the goodwill of requiring the fulfillment of the obligation of exercising the rights of the parties involved in the law to adjust the interests in the interim is a legal principle internally repaired on the basis of the tone of liberalism. ② interpretation, the definition has the following layers of meanings: 1. The principle of good faith is the principle of law. Different from the moral law that pursues self-discipline, the principle of good faith is his own law, based on the concept of social ethics, and acknowledges the interaction between law and morality. In other words, the principle is the product of legalization of morality. 2. The principle of good faith is made