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The Application Of The Principle Of Honesty And Credit In Civil Action

Posted on:2015-05-24Degree:MasterType:Thesis
Country:ChinaCandidate:F SunFull Text:PDF
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In civil litigation recent years, some of the parties away from the integrity of the implementation of misrepresentation prove prejudice behavior, evidence raid, a small number of judges were also occasionally deviated from the integrity of the referee. For those away from the integrity of the phenomenon, the principles of academic honesty fully explain and advocate its established in the Chinese Civil Procedure Law.2012 revised Code of Civil Procedure, this principle has been established, but the provision was more abstract, there is also inaccurate positioning, poorly designed and the hollowing out of the question, of course, important research to improve its legislation, but its application was urgent. For the parties, under the circumstances expressly provided by law directly applicable specific terms, the situation is in line with the general provisions applicable through the cases reported to the approval of the Supreme Court layer by layer, thereby forming guiding cases; against the judge by the performance evaluation mechanism to regulate discretionary and other acts contrary to honest judges credit terms for the conduct of relief through the appeals start retrial mechanism.
Keywords/Search Tags:civil litigation, principle of good faith, litigation abuse, abuse of discretion
PDF Full Text Request
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