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On The Establishment Of The Good Faith Principle In Chinese Civil Litigation

Posted on:2007-08-06Degree:MasterType:Thesis
Country:ChinaCandidate:D W WuFull Text:PDF
GTID:2166360185480856Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The honest reputation principle—"Good Faith", is a basic morals rule of market economy. And it's a basic law principle of modern rule of law society, called"the imperial article"in the civil law. This principle originally belongs to morals norm, but in order to adapt to the rapid variety and the development of society, it's introduced into the private law realm, and became the tallest guidelines of modern civil law.Along with the changes of times, litigation idea, litigation , and the social activities, its adjusted realm and applicable scope is expanding continuously. So Good Faith was introduced into the public law realm. In modern times, more and more nations of the world admit its existence value in the code of civil procedures, which acts to be a basic principle in court law making and applying.In our country, the fulfillment of judicatory in civil case, on one hand, the court abuse the judicative power freely, and neglect the chief position and the right of litigant, which leads the judicatory unjust or even leads judicatory corruption. One the other hand, the litigant abuse of action right, evades litigation obligation, abuse to accuse, and the perjury phenomenon increased. All these cause the burden of court increased, the action become artificially complicated, then delayed. Or even, it results in court miscarriage of justice, influences the justice of judicatory.Aiming at the above-mentioned shorts of the judicatory fulfillment, this paper, suggests that the honest reputation principle should be introduced into our country's civil litigation realm, and established as a basic principle of the code of civil procedures, which certainly have some realistic significant in reconstructing the civil law system of our country, standardizing the phenomenon mentioned above. By doing so, the justice of action would be achieved, and the authority of judicatory will be established.This paper includes four parts. The first part begins with the analysis of the connotation of Good Faith, then narrates its establishment on the code of civil procedures and the processes how a private law changed into the civil public principle. It also studies the historical evolution processes of this principle. The second part illustrates its necesity in the civil litigation realm from the following four aspects: (a) From the mutual interaction of morals and law. (b) From the mutual application of the substantive law and the procedure law. (c) From the changes of litigation idea. (d)From our country civil action movement present situation.The third part discusses its necessity and feasibility in the establishment of civil litigation. The last part studies its form at the law making expression in civil litigation and its concrete application in the related law system principles. Therefore, a gross construct of law making is...
Keywords/Search Tags:Civil action, Basic principle, Good Faith, Rules and regulations
PDF Full Text Request
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