On The True Obligation Of Parties In Civil Procedure

In the area of civil law, Roman law has already confirmed that people should exercise their rights and fulfill their obligations to abide by the principles of good faith. In modern times, all Civil Codes have basically had this principle, the principle of good faith has become the king of the provisions for business. However, the principle of good faith has failed to be taken seriously in civil procedure for a long time.The later 19th century, the socio-economic life had changed dramatically, the new kinds of disputes appeared, the limitations of traditional theory gradually exposed, and increasingly hampered the effectiveness of the civil justice system. To break the plight of the judiciary, in the later 19th century and early 20th century, civil procedure scholars of some countries and regions began actively advocating the introduction of the principle of good faith to civil procedure. Especially in the 20th century after World War II, with the unprecedented attention to the rule of law, the principle of good faith began to expanse to the field of public law . and became the basic principles of administrative law, procedural law and the Constitution. Although some scholars oppose to establish the principles of good faith in civil procedure, but the general view is in favor of the principle of good faith as the fundamental principle of civil procedure. At present, Germany, Japan. Britain, the United States and many other countries of different legal traditions have gradually recognized the principle of good faith in the application of civil procedure. China still not clearly define the principles of good faith. It is because our country has not been clearly established the principle of good faith in the civil procedure, resulting the right of litigation abuse, false prejudice and avoid legal proceedings, defective legal action in judicial practice. Therefore.The initial embodiment the principle of good faith entering to civil procedure is the true obligation of the parties, the true obligation is one form of the performance of the principle of good faith. To establish the true obligation of the parties in civil procedure is not only to find the truth cases, resolve disputes, but also to achieve the proceedings with the requirements of fairness and efficiency, and is conducive to resolving China's current civil proceedings in a number of problems. Therefore, to study the true obligation of the parties in the civil procedure will help improve China's civil litigation system and better the solution of disputes between the parties. Establish the true obligation of the parties have some practical significance.In this paper, the first part is about the principle of good faith, the creation of the principle, development of the principle and the meaning of the principle, theoretical basis of the principle, as well as the principle in the function. The second part is mainly on the outside of the context of the principle of good faith of the true obligation of the parties, through the major countries and regions of the legislative cases, talking about how to understand the real content of the true obligation, and the consequences of true obligation. The third part begins from real true obligation of the parties and analysis the necessity and significance to the construction of the true obligations in China's civil procedure and put forward my own views about this.