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我国民法公平原则属于伦理性原则,是对传统民事习惯的概括,直接反映了社会主体对民事诉讼的基本要求。因此,公平原则成为民法中最高的行为准则,能够对我国民法发展产生推动性作用。本文指出未来制定、修订民法通则,应继续将公平原则作为主要原则,为构建我国公平、正义社会奠定基础。
The principle of fairness in civil law in China belongs to the principle of ethics, which is a generalization of traditional civil customs and directly reflects the basic requirements of social subjects in civil litigation. Therefore, the principle of fairness has become the highest code of conduct in civil law and can have a catalytic effect on the development of civil law in our country. This paper points out that in the future, the formulation and revision of the general principles of civil law should continue to regard the principle of fairness as the main principle and lay the foundation for building a fair and just society of our country.