The Application Of The Principle Of Honesty And Credit In Civil

Establishing the principle of good faith in civil litigation is profound legal basis and extensive practice foundation as well as an inevitable choice for judiciary to beneared win intemational standards. Wkh the establishment and t;he development of socialist market economy and the acceleration of nationwide economy law integration process, our government put fbrward the strateny of ruling country by combination law and virtue in due time. Therefore, establishing ne principle of good faith in civil litigation and adapting needs in our social and economic development and judicial refbrm practice in due form at this stage is a good joint point and a breakthrough fbr coordinating and implementing l:his strategy of running a state. The basic principle of civil litigation takes a leading position in legal system of civil Utigaticm, playing a basic guiding role of governing specific rules of civil litigation and normalizing ne behavior of litigation subject. However, imperfection of basic principle and system in our current civil procedural law caused incomplek realization of above functions. Abusing judicial power by courts and abusing litigious rights in practices of civil litigation are one of signicant causes to cause judicial injustice even judicial corruption.Violatinn the principle of good fakh repeatedly in judicial practices shook public trust on legitimacy of litigation and trial mechanism. So, lucubrating the principle of good faith in civil litigation is of important theoretical value and practical significance. The principle ofnood fain has become the basic principle of current civil litigation in due form after integral modification on CYW/ZVocecin 2012,which are inevitable results from development on concept of current civil litigation,practical needs in practices of our current civU litigation and specific requirements in civU litigation field boosting integrity construction of socialism, and will be of great signicance establishing a fair, efficient,authoritative civU litigation system of socialism with Chinese characteristics. The principle of good faith is a necessary supplement for other principles and systems of civil litigation and can maximize realization of procedural justice, which is conducive to guaranteeing formation of procedure principal status and inngrated personality of each party, regulating litigationright abuse of t;he party, reducinn malicious prosecution, saving judicial resource and realizing fair value and efficiency value of laws.This article, on the basis of good faith principle, searches its resources and understands its nature and fiinction. Also, by means of hist;ory and comparison,it carriesout emphatic analysis on application of good faith principle in Japan, Germany, the U.K., the U.S. And Russia and absorbs the advanced experiences and systems. The principle of good faith is rich in content, including regulation on litigious right abuse of any party, endowment and regulation on discretionary power of any judge, free proof system, prevention against surprise of judgment, etc. The applicable subjects of good faith principle include not only each party and other participants of litigation but also courts. Under our current judicial status, there is no lack of unhealthy phenomenon such as avoidance of litigation obligations, malicious litigation delay, implementation of litigation fraud and a judge’s abuse of trial duties, excessive authority intervention, witness’s false statement and so on. And, it is not explicitly stipulated in our present civil lawsuit how to apply the principle of good faith, this is a difficult problem urgently to be solved.Though in the civil procedural law, for persons who forge and destroy important evidences to obstruct People’s court to try cases and litigious participants or other people who obstruct witnesses to give evidence by means of violence, threats or subornation or force others to give false testimony, the people’s court may impose a fine or detention. If the case constitutes a crime, sporadic regulations for investigating criminal responsibility according to law is rarely used in judicial practices. As a general clause, the principle of good faith is not operable, and its contents need to be institutionalized and practiced through legislation. Based on China’s national situation, this article also analyzes application of the principle of good faith in civil litigation in our country and gives suggestions against its lack of practical operation, providing a framework for application of the clause in judicial practices.