What are the six principles of civil law

The principle of equality is an important symbol that distinguishes civil legal relations from administrative legal relations and criminal legal relations. The principle of equality in civil law means that civil law gives civil subjects equal civil rights and requires that all civil subjects be bound by the same universal law.

The specific contents of this principle are: first, the civil subject qualification (civil rights capacity) is equal. Second, the legal status of any civil subject in civil relations is equal. Third, the civil subject in civil activities equally enjoy civil rights and civil obligations. Fourth, the civil rights and interests enjoyed by civil subjects are equally protected by law. This principle is determined by the characteristics of the object of civil law adjustment. China's civil law adjusts the social relations between equal subjects of property relations and personal relations, and thus the principle of equality must be throughout China's civil law.

(B) the principle of voluntary

The principle of voluntary refers to the civil subject in the case of not violating the mandatory provisions of the state, the right to engage in civil activities of their own free will. The parties must engage in civil activities independently and voluntarily, and no civil subject can force others to carry out a certain behavior or not to carry out a certain behavior with the help of economic advantage or administrative power.

The specific contents of this principle are as follows: First, the civil law embodies the autonomy of the parties in regulating the behavior of civil subjects. Second, the civil subject according to their own will to establish, change or terminate civil legal relations, others shall not unlawfully interfere. Thirdly, the implementation of civil acts by two or more parties is subject to the voluntary negotiation of the parties.

(C) the principle of fairness

The principle of fairness refers to the civil subject in the civil legal behavior, should take into account the interests of all parties, the legitimate exercise of rights and obligations. The principle of fairness is actually the legalization of socialist moral norms. The parties involved in civil activities must be fair and reasonable, and cannot arbitrarily raise prices to the detriment of the interests of the other party, and cannot take advantage of the other party to force the other party to accept unreasonable conditions.

The specific content of this principle is as follows: First, the norms of civil law require civil subjects to embody the principle of fairness and to take into account the interests of all parties in the assumption of rights, obligations and responsibilities. Second, the principle is mainly as the parties in the contractual relationship should follow the principle. Third, the people's court in the hearing of civil cases, for the parties have not explicitly agreed, should follow this principle.

(IV) Principle of Honesty and Good Faith

The principle of honesty and good faith refers to the principle that civil subjects shall be honest and trustworthy in the implementation of civil acts, fulfill their obligations in a bona fide manner, and shall not abuse their rights and circumvent their obligations under the law or contract. This principle is embodied in the contractual relationship, has a high degree of effectiveness, plays a role in balancing the interests of the individual with the interests of society and the state, and has the function of prohibiting the abuse of rights.

The specific content of this principle is as follows: First, civil subjects should be honest in exercising their civil rights and in establishing civil legal relations with others, without jeopardizing the interests of others and the interests of society. Secondly, civil subjects should consciously assume responsibility when they fail to fulfill their obligations and cause losses to others. Thirdly, adjudicators handling civil cases should implement the principle of honesty and good faith, protect the legal rights of all parties and balance the interests of the parties.

(E) Principle of Public Order and Good Morals

The principle of public order and good morals means that the behavior of civil subjects should abide by the public **** order, conform to the good customs, and do not violate the public **** order of the state and the general morals of the society. This principle is clearly stipulated in Article 7 of the General Principles of Civil Law. Public **** order refers to the general order necessary for the existence of the national society and its development. Good customs refers to the general morality necessary for the existence of the national society and its development.

Civil activities must comply with the law, the law does not provide, should comply with state policy. At the same time, civil activities should respect social morality and should not jeopardize the interests of the public ****.

(VI) Principle of Prohibition of Abuse of Rights

In law, abuse of rights is prohibited because 'it is detrimental to the interests of society and the interests of others.' The conditions that constitute an abuse of rights generally include: the existence of the right of the party; the party has the exercise of the right of action and inaction: the party has the abuse of the right of the illegality. The exercise of rights by the rights holder in the law should be, however, if the abuse of rights, may bring harm to society and others, therefore, the exercise of rights should be carried out within the scope permitted by law.