Functions of Basic Principles of Civil Law

The basic principles of the civil code are: equality, voluntariness, fairness, honesty, law-abiding, public order and good customs, and green principles. Civil disputes should be handled in accordance with the applicable customs that are not stipulated by laws and laws, but they must not violate public order and good customs.

Legal objectivity:

First, the principle of equality: the parties have equal status in civil activities. The principle of equality reflects the essential characteristics of civil legal relations, which is the main feature that distinguishes civil legal relations from other legal relations. The significance of the principle of equality: 1, which is embodied as a criterion of civil legislation and civil justice. 2. It is reflected in the equality of civil rights capacity of civil subjects. 3. It is embodied in the code of conduct of civil subjects in civil activities, which requires that civil subjects should treat each other equally. This is the core and soul of the principle of equality in civil law, and it is also the fundamental reason why civil legal relations are different from other types of legal relations. Second, the principle of autonomy of private law: also known as the principle of autonomy of will, refers to the basic principle that the law recognizes that civil subjects can freely carry out civil activities based on their own will. The principle of autonomy in private law emphasizes that the legal relationship between private individuals should depend on the free will of individuals, thus providing a kind of freedom protected by law for civil subjects. However, the principle of autonomy in private law is not absolute, and the freedom recognized and guaranteed by civil law is not unlimited. Third, the principle of fairness: the principle of fairness is the legal embodiment of the moral concept of progress and justice, which is of great significance to make up for the shortcomings of legal provisions and ensure the realization of the principle of autonomy in private law. Most of the legislation in other countries and regions has explicit provisions on the principle of fairness, and China's General Principles of Civil Law also clearly recognizes the principle of fairness. Article 4 of the law stipulates that civil activities should follow the principle of fairness. The principle of fairness includes two meanings: 1, that is, legislators and judges should maintain the balance of interests between civil subjects in the process of civil legislation and justice; 2. Civil subjects should engage in civil activities in accordance with the socially recognized concept of fairness in order to maintain the balance of interests between the parties. Fourth, the principle of good faith: Good faith requires that civil subjects with special legal ties should be loyal and trustworthy, and carefully safeguard the interests of the other party, meet the legitimate expectations of the other party, carefully safeguard the interests of the other party, meet the legitimate expectations of the other party, and provide the necessary information to the other party. The principle of good faith in civil law is the legal embodiment of the minimum moral requirements. China's General Principles of Civil Law stipulates the principle of good faith as a basic principle of civil law, which has the effect of being applicable to all fields of civil law. As a general clause, the principle of good faith plays a guiding role in the civil activities of the parties and establishes the rules of conduct for the parties to exercise their rights and perform their obligations in good faith. If the parties violate the requirements of the principle of good faith to exercise their rights, it constitutes abuse of rights. 5. Principle of public order and good customs: public order and good customs are the general name of public order and good customs, which contains two meanings: 1, and defines public order from the perspective of the state; 2. Define good customs from a social perspective. The principle of public order and good customs is an important legal principle of modern civil law, which means that all civil activities should abide by public order and good customs. Similar to the principle of good faith, the principle of public prosecution can fill legal loopholes. The principle of public order and good customs undertakes the mission of safeguarding national interests and social public interests, which constitutes a functional restriction on the principle of autonomy of private law.