The Discussion Of Honesty Principle In The Civil Action

The Principle of Honesty had been firstly established as a very important principle of Obligation Law in the Roman legal system and gradually developed into another principle in the Civil Law. Some Scholars named it as "Monarch Rule". It requires people pursue their own interest without damaging other's or social profits and keeping faith when they are engaging in some civil activities. The purpose is to maintain the profit balance between the two parties plus with the social interests. In the 1930s, in order to adapt itself to the rapidly changing circumstances, Honesty Principle had been wildly enlarged. Thus, having some certain influences on Civil Procedure Law's specific content were unavoidable; meanwhile, it gradually developed and existed in the field of Civil Suit. Nowadays, more and more countries start to emphasize the importance of Honesty Principle being used in the Civil Procedure Law. In addition, they had made it as a very basic principle in the law. There is no such a systematic regulation toward Honesty Principle in China's Civil Procedure Law, yet it does have a few regulations in some specific areas. Therefore, this situation doesn't conform to the civil case, which lacks a great deal of Honesty information and the practical need couldn't be fulfilled as well. In our country, both academic and practical area came to an agreement as to establish the Honesty Principle in the Civil Suit Law, but only remained in the superficial level. With regard to all those issues, the writer analyzes how to improve the principle in the Civil Procedure Law and how the civil action behavior is perfected and regulated by the principle. Therefore, the writer expects the article to have a positive effect on the establishment of the Civil Suit Law in our country. The article is made up of five parts. The first part is the origin and evolution of the Honesty Principle, which mainly study some basic issues on Honesty. The second part is a researching of the Honesty Principle" in foreign country. Through working on the comparison with foreign law-making system, we can use the comparison as a reference to the related legislation system in our country. As for the third part, there is a discussion about the setting of Honesty Principle, thus, providing a supportive theory for the Honesty Principle of Chinese law action with some specific details. In the fourth part, the essay mainly discussed about the principle usages in our country. Through the analysis, it gives a reason to the legislation system. The final part is thinking towards Honesty Principle in China, in this part, author arises a general statement of the whole essay...