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On The Application Of The Principle Of Good Faith In Civil Procedure

Posted on:2008-07-28Degree:MasterType:Thesis
Country:ChinaCandidate:F F LiuFull Text:PDF
GTID:2166360242969203Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of Good Faith prescribed in civil procedure law of our country just has individual stipulation in some place, it does not have systemly stipulation. It neither fit to the massive Good Faith flaw question at present, nor satisfy the need of civil action practice. Theorists and the practical realm in our country have a unanimous understanding that the principle of Good Faith must be establish in the civil procedure law, but not thorough research that how to establishes. The establishment of the principle of Good Faith must be based on the research on the application mechanism and the concrete application link of the the principle of Good Faith.This thesis composed of four parts to research the related question the principle of Good Faith in the civil procedure.In the first part, the author has conducted the research to the application mechanism and the rationale of the princeple of Good Faith.First, It analyzes the relation and the diffrence from Good Faith in moral to Good Faith in law, from the principle of Good Faith in civil law to the principle of Good Faith in civil procedure law, to get the implication of Good Faith in civil procedure law.Second, it analyzes the application mechanism of the principle of Good Faith that, it not only abide by the application mechanism of basic princilples, but also abide by the application mechanism of Good Faith in civil procedure law. Finally, it analyzes the rationale about the Good Faith apply to civil procedure law, which are the aim of civil procedure and the value of civil procedure.In the second part, the author carried on the comparison inspection of the principle of Good Faith in two respects. Fristly, take the comparison about the principle of Good Faith between the continental legal system and the Anglo-American legal system.Secondly, take the comparison about the principle of Good Faith on the historial point of view.In the third part, the author studied the the necessity of the application of the principle of Good Faith in our country's civil procedure law. In this thesis, the author analyzes above-metioned problem in four respects.Firstly, it can make up the written law; Secondly, it can prevent the abusiveness of litigation rights; Thirdly, it can make our country's civil procedure law principle system perfectly. Finally, it can make advantage of the establishment of the judicial authority.In the fourth part, the author studied the concrete application of the principle of Good Faith in our country's civil procedure law. Firstly, the author studied the subject and the expression of the application of the principle of Good Faith. Secondly, the author studied the concrete application link of the principle of Good Faith in our country's civil procedure law. It consist of formation of point at issue, determination and change of the litigant, exercising of litigation rights, produce evidence, advancement of tries, mediation carrying on, makes and the potency of the referee, and execution of referee.
Keywords/Search Tags:Good Faith, Civil procedure, Application
PDF Full Text Request
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