A Study On The Application Of The Principle Of Honesty And Credibility In Civil

As a elementally moral rule, Good Faith principle is active in the market economy; as a elementally legal rule, it is rooted in modern law society. Good Faith principle, known as "Emperor Term", comes from moral and ethical regulations. In oder to adapt to social development, it is incorporated into the field of Private Law to be one of the most important legal principles in modern civil law. With the publication of Private Law, the first paragraph of clause 13 th in the civil procedure law, which was modified in 2012, provides, " civil lawsuits shall follow Good Faith principle." This indicates that Good Faith is introduced into civil procedure law in Public Law and it becomes a elementally principle of civil procedure law, which provides a new point to the research of substantial and procedural law; and it also helps to perfect Chinese principle and theory system of civil lawsuits. Mainwhile, owing to the improving of the discretion of court abuse, the evasive litigation obligation of the parties, the abuse of procedural rights and perjury, and the man-made litigation complication and delay, to include the Good Faith principle into civil procedure law is also very significant to the society. Given this, based on the the discussion of the basic questions like the meaning and value of Good Faith, this article is going to ulteriorly state the theoretical and realistic foundation of Good Faith of our country. Every basic principle, including Good Faith, should be put into practice. The core of this essay is the discussion about the specific application of Good Faith. First is to state the elemental principle position of civil procedure law and the relationships with other principles. On this basis, the concrete applicaion link of Good Faith in our country’s civil procedure law, the legal liability against Good Faith, as well as the matched system with Good Faith in civil procedure law can be pinpointed. All above belong to the application of entity aspect of Good Faith in civil procedure law, however, how to pursue the legal responsibilities which against Good Faith with the help of due process belongs to the application of procedural aspect. The author suggested that only to institutionalize Good Faith could solve the difficuties of application in civil procedure law, fulfil the Good Faith in substantial sense, further achieve equity and justice and show the features of times.