The Principle Of Honesty And Credit In Civillawsuit

At first, the honesty and credit principle was a basic principle of the entity Civil Law. But in the process of developing and applying, it breakthrough the restrict of private law and came into the scopes of public law. Then introduce the honesty and credit principle into civil procedure law become a general theory. Currently, there are many problems in our civil procedure system, due to the deficiencies of our legislation and justice practice. Establishing the honesty and credit principle which is full of deep moral meaning and denseness culture colour, is not only the necessary choice of meeting international justice, but. also the urgent needs of perfecting our civil procedure system. The article introduces the honesty and credit principle based on this understanding, and bring forward several suggestions of perfecting our honesty and credit principle in civil procedure law.The paper is divided into three chapters:The first chapter introduces the summarize of the honesty and credit principle. This chapter is divided into three parts:the first part introduces the origin, development and the theoretics of the honesty and credit principle; the second part introduces the establishment of the honesty and credit principle and its meaning. Based on the comments of different view points of the honesty and credit principle, I consider that the honesty and credit principle means the court, parties and other people attending the lawsuit must act according to honesty and credit. Also this part introduces the legislation of the principle of honesty. In general, there are two kinds of legislations, which are established in General Provisions, specified in Specific Provisions and did not establish in General Provisions, but specified in Specific Provisions. The third part introduces the honesty and credit principle in other countries and areas. Mainly introduces the honesty and credit principle in counties and areas of Continental Law, including Germany, Japan, Korea etc; the principle in counties and areas of Common Law, mainly introduces the regulation and apply of the honesty and credit principle in English and American civil procedure; and the honesty and credit principle in Taiwan and Macao.The second chapter introduces the needs and feasibility of the honesty and credit principle. The chapter is divided into two parts. The first part discuss the needs of the principle while the second part discuss the feasibility of this principle. I affirm that we need to establish the honesty and credit principle in our civil procedure system.The third chapter introduces the concrete applying of the honesty and credit principle and how to establish and perfect it in our civil procedure system. This chapter is divided into three parts:the first part discuss the concrete applying of the principle. There are different concrete requirements of the honesty and credit principle according to different main parts. This chapter expounds the honesty and credit principle in aspect of the concrete applying requirement of parties, the court and other people attending in the law suit. The second part introduces the actuality of the honesty and credit principle in our civil procedure. Including the rules of the honesty and credit principle in our civil procedure law and judicial interpretation apparently and pointing out the deficiency and issues exist in our civil procedure. The third part introduces how to establish and perfect the honesty and credit principle in our civil procedure system. This part advanced three aspects:first is about the establishing and perfecting of law concerned, claimed that we should establish the honesty and credit principle in the General Provisions of civil and specified in Specific Provisions. Further more, we should perfect and strengthen the law responsibility of disobeying the honesty and credit principle; second is about perfecting the system correlated-the attorney system; The third aspect discusses the issue of how to efficiently imply the honesty and credit principle in justice practice.