The Honest And Trustworthy Principle Of The Civil Litigation

The Honest and Trustworthy principle originated from the sincere agreement and sincere civil litigation in Roman Law. The person who bear duties to try the case will deal with the dispute that h appens according to the sincere agreement of the Roman Law by the procedure of sincere civil ligation and in the sincere civil ligation, they will not be restrained by the literal meaning of the argument, they can consider the details of a case carefully, making the honest and trustworthy as the standard and the fair and justice as the spirit, then make a jostlement properly. The Honest and Trustworthy principle were brought into modem civil law as the rejuvenation and development of the Civil Law in Europe. In recent years, it was established in the civil law as a basic principle of the civil code all over the world. The scholars call it "Emperor's clause". Unit 1930s, in order to meet the needs of the rapid development and complexity of the society, the existent space of the honest and trustworthy principle are widened day after day. This principle influences the concrete content of law of civil litigation to the extent and it gradually exist and develops in the field of law of civil litigation. Nowadays, more and more countries emphasis the importance of the honest and trustworthy principle in law of civil litigation, and make it as a basic principle of law of civil litigation.The honest and trustworthy principle in civil action means the court, the party and other participators in civil ligation must be justify, honest and goodwill in trying the civil case and doing c ivil action. It demands the court, the party should be in line with honest and goodwill to implement the civil ligation action. In the modern times, no mother which kind of civil ligation mode endow the judge the civil ligation command right and fixed judging amount of freedom right; Endow the party the punish right and argue right to fulfill the purpose of the civil action. But it always happens that the judges abuse their judging amount of free right and the party abuse their civil ligation right in the practice of civil ligation . So these rights should be limited. Some of the limitations can rely on the concrete regulation of civil action,but for one thing, for the limitations of making laws, it is impossible to contain all the civil ligation actions that are not qualified for the civil ligation's purpose; For another, these scattered rules in civil ligation action should be combined by a principle. These all depend on the honest and trustworthy principle to accomplish. The practice of civil ligation calls honest and trustworthy principle.Any law system holds in store the specified value that if chases, this value consists in the soul and the existent foundation, satisfies the needs of the people in chasing the value. The honest and trustworthy principle ensures the fair and justice in civil action and the improvement of the judicial efficiency by means of endowing and prescribing the judge'sright of free adjudication and explanation. This civil ligation's value in the honest and trustworthy principle meets the need of the value of the law which is needed to give consideration to the entity's justice and procedure's justice. It also resolves that it should become a basic principle in civil litigation. The civil litigation needs the honest and trustworthy principle.In the 1930s, the revised German civil litigation formulated ( No.1 clause of the 138th item): "the party should totally states it truly about the state in fact." Scholars call it "True obligation". This formulation is considered as one of the incarnation of the honest and trustworthy principles in civil action. Later, which the development of the civil ligation theory and the changing of our social life, the requiems of the honest and trustworthy principle have not been limited in adjusting theparty's civil ligation action-"True obligation". It has been developedfrom the acquirement of the "True obligation" in civil ligation to the coordination of the civil...