On The Establishment Of Good Faith Principle In Our Country's Evidence Law

Evidence is one means of judicial certificate and it is a credential proof of identification fact case, while judicial certificate is an important step. At present, there are more and more non-faith behavior, which seriously affects the coming true of judicial justice and efficiency.For example, false witness, collusion, hypocritical statements of the party, behavior of impede proof, raiding proofs in judicial practice. It exits the great arbitrary when the lawyer judges and chooses the proof, and she/he does not accord to the law or she/he does not execute the right of judgment reasonably. Inspectors deviate the position of honesty and neutral.The good faith principle relates to all the aspects of evidence system, which has an effective function when it is used and established among evidence law. However, the other principles do not have or they are hard to achieve. In our country, procedural law probes into and puts forward improvement of the good faith principle in theory but most of them is established in civil procedure law, but it is deficiency in systemic research deeply when the good faith principle is applied and established among same evidence laws. In our county, evidence law establishes the good faith principle to the foundation, advancing and concreting its connotation and spirit to the standardize law, making it to the basic guide when the subject of evidence law relation implements activities of judicial evidence. It forms a system of principle of evidence law with other principles of evidence law, governing the mala fides of the relation of evidence law, applying it to improve lawsuit efficiency and realize fair procedure, which accords with time's spirit of evidence law and it is the logical conclusion to solve the difficult problem of juridical practice.The good faith principle in public law field originates in private law field, which is produced by researching the connotation of the good faith principle in private law field. The lack of good faith on our country's evidence law brings passive consequence to activities of judicial certificate by analyzing the special function of the good faith principle in evidence law, and it states the necessity of establishing the good faith principle in our country's evidence law. What's more, it analyses the related regulars and legal effect of the good faith principle in other countries and areas, discussing the legal responsibility of the good faith principle being applied and violated, which has a huge significance on the theory and reality aspects for improving the current situation of the present legislation of evidence.