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On The Principle Of Good Faith In Civil Procedure

Posted on:2006-02-12Degree:MasterType:Thesis
Country:ChinaCandidate:J WengFull Text:PDF
GTID:2166360155963471Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Before an institution is constructed, three factors should be considered, which include the essentiality of the institution, the feasibility of building it, and the methodology of construction.The thesis is composed of four main parts.In the first chapter, the author analyzes the essence of good faith and the contents of it. Basing on these analyses, she explains the significance and functions that good faith has in the civil procedure.In the second chapter, the author accounts some foreign theories and legislations, especially the legislation in the South of Korea, concerning the relationship between the principle of good faith and the civil procedure. She uses these countries' experience as the reference to set up the principle of good faith in the civil procedure in China.The third chapter is the key part of this paper. Firstly, the author defines two key words. One is the essentiality of building the principle of good faith in the civil procedure in China. And the other is the feasibility of the building. Then the author accounts the proceedings and fruits of the research in this field in China; and points out advantages and disadvantages of it. In the following parts of this chapter, the author states her own arguments for the essentiality and the feasibility of building theprinciple of good faith in the Civil Procedure Law of China.In the end of the thesis, the author puts forwards her own ideas on how to set up the principle of good faith in the law, on the basis of analyses on the existing rules and judicial practices.
Keywords/Search Tags:Good Faith, Principle, Essentiality, Feasibility
PDF Full Text Request
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