交易公平原则实践——问题与对策

交易公平原则分别在市场交易、审判实践和立法实践中被运用着。但目前市场交易主体不平等、强制交易、欺诈交易以及司法过程中的随意解释严重妨碍着交易公平原则的实践。针对这些问题,作者分析了原因,指出应当把交易公平原则定位为商法的基本原则,在立法上加强交易主体地位、交易行为公正性的规定,在司法上强化司法监督等对策。

Problems and Countermeasures in Practice of Fair Play Principle

This paper discusses the practice of fair play principle from three aspects in the market trans-actions as the basic principle in commercial law. Fair play principle has been respectively adopted in markettransaction, judicial practice and legislative practice. However, at present such problems as unequal transact-ing party, forcible transaction, fraudulent transaction and random interpretation in the judicial process haveseverely hinder the practice of fair play principle. The author analyzes the causes for these problems andpoints out that fair play principle should be set as the basic principle in commercial law. Stipulations that thestatus of transacting party and impartiality of transacting behaviors should be strengthened in legislation, andcountermeasures that judicial supervision should be fortified in jurisdiction, are expected to be helpful to thepractice of market transaction.