On The True Obligation Of Parties In Civil Procedure

With the later nineteenth century, the extreme liberalization of the traditional civil procedure system, and the extreme adversarial between parties caused hazards of litigation increasingly. A variety of countries which reflected on the shortcomings of the existing procedure and the incompatible programs of socio-economic life's development, aware of harmful litigation actions, such as the abuse of the right, malicious lawsuits of parties, have brought tremendous obstacles to even against the litigation purposes, including resolving disputes, protecting private rights, finding the truth, pursuing fairness and so on. In view of this, the principle of good faith from the Roman law has come into the people's vision gradually, and was accepted by civil procedure in the form of the true obligation of parties to regulate parties'legal action. As the traditional litigation in civil law, the true obligation of parties, although after a long period of doubt and criticism, was finally recognized by the States and expanded its influence around the world as a powerful weapon to keep judicial order, constraint parties'behavior and protect the due process.According to sum up some contents relate to the domestic and international true obligation of parties, on the basic of methods which include historical research, value analysis, comparative study and empirical research combined and experience of legislation and justice in our country, put forward my own views about setting up the system of the true obligation of parties in China. The thesis is divided into four parts which involve the definition of the true obligation of the parties, the historical sources and value of procedure, legislative study in other countries, institutional conception of establishing the true obligation of the parties.The first part is about the true obligations of the parties'systematized definition which introduces its concept, the specific nature and the application. Based on the systemic and intensively research of the true obligation of parties in civil law, the author had referred to more research achievements in civil law. The second part focuses on the historical development of the true obligation of the parties and the profound effect of the true obligation of parties brought by the civil procedure reform in the way of revealing the devious developing course. Meanwhile, discussing the intrinsic value and external value combined with the study results of civil procedure value. The third part is mainly on the comparative studies of the true obligation of parties between common law and civil law. The author analyzed the different performance of the true obligation of parties between common law and civil law, and the reference value to China by summarizing the function of the true obligation of the parties in the proceedings of beginning and in-progress. The fourth part of the paper is the institutional conception of the true obligation of parties in China on my own views. The actual judicial procedure not only asks for the true obligation of parties with abundant intension, but also need to build a more comprehensive protection measures and disciplinary mechanisms. That is in the hope of devising a legal system which is suitable for China and display the superiority of the true obligation of the parties...