Research On The Principle Of Good Faith Of Civil Procedure

Coming from the moral principles of honesty and credit to the legal sense of theevolution of the good faith principle is the moral of the outcome of the legal rules.The first principle of good faith can be traced back to Roman law and the integrityof contract lawsuit. Some of China's ancient legal norms have been embedded inthe essence of faith. Application of the principle of good faith with the expansionof the field, it has been the area of civil law "provisions of the emperor," the world.Public and private law as the mutual penetration of the impact of such factors aswhether the principle of good faith to be able to expand into the area of civillitigation, whether or not can be established as the fundamental principles of civiland so a number of problems have emerged in different controversy. "Certaintheory"and " Negative theory" prove their own point of view from all differentsides. However, we must address now is the civil law principle of good faithreflected in varying degrees, have been given the affirmative answer to history.China's civil law principle of good faith does not directly reflect theprovisions, but there is no lack of spirit of the principles behind. In some senses,the principle of good faith in China's civil action to establish the basic principle isonly a manifestation of the problem. Given the limitations of reality, it can notmeet all the needs of dispute settlement, which requires judges to decide cases in aspecific process, terms of use of the hands of creative interpretation of the law, inaccordance with recognized principles of law to the facts of the case, an accurategrasp of the legal justice the essence of the case an objective and fair ruling. In ourcurrent judicial practice, on the one hand, the abuse of discretionary power ofjudges, an improper exercise of the right to release tomorrow, the main body of theparties to ignore the status and rights, resulting in a miscarriage of justice andjudicial corruption; On the other hand, the rights of parties to the abuse of litigation,to avoid litigation obligations, false statements, improper conduct proceedingsabound, affecting the smooth running of proceedings. Other participant in the proceedings in the special status of civil proceedings is to help judges to identifythe facts of the case, however, acts of bad faith is also often occur. In response tothese drawbacks and weaknesses, to establish the principle of good faith in thefundamental principles of civil status, it is particularly a need for mitigation.