Practical Use Of The Principle "Honesty And Trust" In Civil Suit

The principle of "Trust and Honesty" originates from Civil Law containing honest contract and trusty suit, the two aspects of which in current civil law, that is honest and trusty requirement and the right of free judgment, are the further development to it. Having compared the essence of " Trust and Honesty" both at home and abroad, the famous scholar, Professor Xu Guo dong comes to the realization that the "Principle" requires that the civil participants should bilaterally maintain the benefit balance when engaging in the civil activities and keep the balance between individual interest and social benefit. In each market-economy-dominated and law-exerted society, the "Principle" has presently penetrated into every stage of the procedure of civil lawsuit. The judges actively and frequently exercise the "Principle" to solve those new type tangles and complicated problems in judging procedure, in executive procedure, bankruptcy procedure and other suiting procedures as well.The principle of "Trust and Honesty" legalizes morality, the essence of which entitles the judges the right of free judgment with its own value irreplaceable . In the civil lawsuit, it plays an adjusting role and compensates the imperfectness of the other principles in a practical way. Meanwhile it combines them into a whole and coordinate system. The legitimate proofs on which the "Principle" depends in the field of civil lawsuit will internally compensate the public law and individual law; legally beef up the free right of judgments; firmly ensure the effective power of court judgments. The "Principle" of foreign countries applied in the field of civil suiting embodies its suitability that the suitors are played some restrictions on, such as , forbidding the illegal measures to benefit the suitors themselves; forbidding the abuse of suiting rights to win the lawsuit by means of delaying it on purpose; forbidding to give false evidence to disturb the correct judgments to a case; forbidding the distortion in suiting. As to the people's court or a judge, it should practice strict enforcement of the law; fairly promulgate the final judgments; wholly respect the suitor's right; and basically avoid the sudden judgments based on the "Principle". As for the other suitors, it restricts thewitness faithfully to promise, honestly demonstrate the truth and loyally fulfill the duty of presenting written statements and their presence at the court. It is very necessary to apply the "Principle" in civil suit. Although it has presently shown the Principle's requirement in legislative civil suit, there exists many defects and imperfectness, the necessity of which lies in embodying the concept of constitution, fully making use of the structure of juridical resources, compensating the other principles, reforming the ways of judgments and practice, promoting and perfecting the legislation work.The illegal suiting acts against the "Principle" lie in the fact that the suitors abuse their rights, freely retort their opposites and consciously deny the truth, which results in delaying the suiting procedure and wasting a large number of juridical resources and causing unnecessary loss while as to a judge who abuses their privileges and the power of free judgment without insistence on the "Principle", it will inevitably bring injustice and damage juridical authority as well. Hence the writer thinks that the principle of "Real Duty" should be built up in the civil suiting legislation as soon as possible, including defining the questions, compensating the losers because of the abuse of the rights, taking some actions to disipline those involving having denied the truth to reach their illegal purpose. Meanwhile, setting some necessary rules to discipline a judge's exertion to the right of free judgment. In the course of putting the "Principle" into the practice of lawsuit, the relationship between the principle of Honesty and Trust, the principle of Argument and the principle of Punishment should be well maintained so as to guarantee the suitors' legitimate right...