On The Pinciple Of Good Faith In The Aplication Of China Civil Litigation

The principale of good faith originated from the Roman laws and was brought into the civil law as the Roman laws rejuvenated and developed in Europe.In recent years,PGF has been established as a basic principle of the civil code all over the world. because material law and procedural law are similar to and infiltrate each other,the PGF is destined to become a basic principle in the civil law discipline.The principle of good faith in civil action means that the court,the litigant and other participants in the civil litigation must show justice,good faith and good will in taking the civil case and performing civil action.It demands that the court,the litigant should be in line with good faith and good will when performing the civil litigation aaion.The principle of good faith ensures in civil actions the realization of fairness and justice and the improvement of judicial efficiency by means of entitling and prescribing the judge's free judicial discretion and the right of interpretation and prohibiting the litigant's improper acts in action.This civil litigation value in the principle of good faith meets the need of the legal value which needs to give consideration to justice in procedure.The factual justice and the inner value of procedural justice that reside in PGF enable that it becomes a basic principle in civil litigation.The civil litigation needs the principle of good faith.The principle of good faith effects on the party in that it demands that the party must show good faith and goodwill in performing acts in action.Its concrete requirements are listed as follows:1) forbiddance of the civil litigation fraud. 2)forbiddance of reverse speeches(or sarcasm);3) forbiddance of abusing the civil litigation right;4) Civil litigation contract must be in accord with the principle of good faith.To the court,the principle of good faith requires that the court be fair and reasonable when trying or judging civil cases.It is shown in the following ways:1)The judge should faithfully employ the freedom of judicial discretion,and abusing the right is prohibited;2)The judges should,being aware of the PGF,exercise the right of interpretation and fulfill the obligation of it with good will and fairness;3) distributing the burden of the proof based on the belief in fairness and justice.4) Respect for the rights of the parties and the procedure - Status of the main sequence,prohibits attacks of referees.According to the different features of the responsibility in violating the principle of good faith in civil action,It can be divided into the party and the court legal liability in violating the PGF.It can ensure the carrying out and implementing of the principle of good faith in civil action by ascertaining where the legal responsibility lies and punishing the acts that violate the material law and procedure law.The procedural law calls for the principle of goodfaith,and the judicial practice in modem times needs it.We expect the principle of good faith will be established in the civil procedural law in future.