Research On Good Faith Doctrine Of Civil Actions

In the group of the jural relations of civil litigation(JRCL),the most fundamental and important jural relations is between the court and the parties,which forms the main line of the whole civil actions.As one of fundamental princiles(FP)in modern civil substantive law,being applied in the field of civil actions and established as one of FP in civil procedural law(CPL) , good faith doctrine(GFD)is the result of social economic life and people's legal thought on which profound historical changes have taken place since the end of 19 century.Determined by its essential contents and its effects being implemented throughout, GFD, along with the other FP in CPL such as principle of equality, adversary doctrine and principle of disposition,adjusts and regulates JRCL and defines the essential function and status of the court and the parties in civil actions. GFD is being violated frequently in judicial practice. The court and the parties aften abuse their own judicial power and litigious rights, which results in unfairness of judicate and delay of actions and shakes the foundation of public confidence in justification of judicial system. Therefore, deep study of GFD in civil actions is of great theoretical value and practical significance. This dissertation makes relatively comprehensive analyses and discussions on GFD from its concept, nature, function and status to its application and theoretical foundation beginning with the historical investigation of it, provides same resonable demonstrations for its establishment and application in CPL of China, hoping to benefit the development and perfection of Chinese legislation and judicial practice.