| Good faith in reliance protection is widespread and diverse in private law. Essentially, good faith is a result of the evaluation of the cognitive state of private law subjects, which manifests itself as not knowing the inconsistence between presentation and the real situation of reliable facts. Based on the history of good faith and the characteristics of its identification process, the identification of not knowing should belong to legal value judgment, in which the measurement of benefits can be balanced through the element of negligence. In view of the common characteristics of the identification of good faith, it is necessary to construct systematic rules on how to identify good faith on the basis of the reliability of reliable facts. The degree of general reliability is the basis of the hierarchical distinction among general types of identification of good faith, and the normative standards thus formed take negligence as the element of hierarchical coordination. The degree of general reliability worthiness, coupled with the influencing factors of special reliability worthiness, determine substantive considerations and the choice of procedural methods in the specific identification of good faith. In this way, the elements of substantive judgment of “not knowing” and “not knowing due to factors other than negligence”, as well as the procedural methods of general presumption and conditional presumption can be formed, and the systematic rules on good faith identification guided by systematic logic can be ultimately established. |
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