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The Applicable Scope Of The Principle Of Honesty And Credibility In Civil Action

Posted on:2015-03-01Degree:MasterType:Thesis
Country:ChinaCandidate:W L HuangFull Text:PDF
GTID:2176330428961837Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The principle of good faith was officially established in2012to modify the Civil Procedure Law, becoming the common principles of procedural law and substantive law blends. As the legal "emperor clause", its role in civil procedure is to prevent the parties and other litigation participants from abusing of the rights, making false statements and doing damage to the other parties. It also prevents the judges from abusing of discretion.It is more than one year since the implementation of the new law, and there has been a lot of use of the principle of good faith as a basis for judgment case, but according to my research, the theory remains controversial of how to apply the principle of good faith in judicial practice. Judicial practices still have lots of problems about whether it can be applied to the judges or not and whether it can be applied in all cases. This article hopes to promote the study of the scope of the principle of good faith, in order to build a sound system for a solid foundation of good faith, to eventually benefits trial practice.This paper mainly uses the method of comparative analysis and empirical analysis, combining the analysis of the basic theory of law and trial practice in specific situations, attempt to make scientific and rational definition of the subjective and objective scope ranges of the principle of good faith.In addition to the introduction and conclusion, the text is divided into five chapters, about thirty-seven thousand words. The first chapter is trying to make the concept of good faith principle clear, then lead to the concept of the scope of good faith principle. Combined with the analysis of the existing theoretical research results, trying to classify and summarize the theory about the scope of good faith principle, knowing the current status of the present research. The second chapter discusses four basic theories that can be used to analyze this problem. The third chapter is aiming to discuss the relevant theory of subjective scope of the principle of good faith subjective scope, using law interpretation and analyzing the possibility of bounding judges. In the fourth chapter, the author try to demonstrate the particularity of family disputes cannot beyond the benefits that come from the application of good faith principle. The last chapter mainly combine our judicial empirical analysis and some authority data, indicating the seriousness of bad faith in the judicial practice, giving some advises.
Keywords/Search Tags:civil procedure, scope, subjective scope, objectivescope
PDF Full Text Request
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