从人性视角审视民事诚信及其模式选择

诚信原则是指在当事人从事民事活动中,应进行民事行为信息的充分披露,以谋求各方利益较量均衡所应遵循的准则。从用的层面解析人性善恶,并整合出6大类21种交易模式。唯恶大善制恶大善、小恶制小恶、小恶制恶大善三种交易模式符合诚信交易,成为诚信交易模式。而诚信交易模式又要通过其内在机制运作(监督和竞争)、外在诚信建构和制度违反惩罚三个方面加以实现。

A Examination into Civil Faithfulness and Mode Selection from Humanity Angle

Faithfulness principle is what a client should obey when making his information of civil activities known enough to the public in order to get benefit balance among participants through measuring his strength with others. The good and evil of hu manity are analyzed in view of using and divided into six classes, altogether twenty - one kinds of trade modes. Only three kinds of modes of the least evil dealing with the extra good based on bargaining are suitable for faithfulness trade and become the trade mode of faithfulness. To turn the mode of faithfulness into reality, we must enforce three aspects of internal mechanism operation( supervision and competition), external faithfulness construction and system- violating punishment.