On The Principle Of Good Faith In The Establishment Of The Civil Procedure Law Of China

The principle of good faith is a principle of law which derived from morality. It applies to the field of law which becomes wider and wider. At first it is only the principle obligors must obey to perform the obligations to obligees and it is established as a fundemental principle in the private law gradually. The function of the principle of good faith becomes so great that it becomes the so-called Emperor Clause in private law in the sphere of private law and it infiltrates the sphere of public law. The notions of litigation and the lawsuit itself change as the society becomes more and more complex. Western countries who are well-developed in law begin adopting this principle in civil procedure though it is rarely touched on in academic field in our country nor is it mentioned in practice.This article begins with the notion of the principle of good faith. First, it objectively describes the historical process of how this principle widened in the sphere of law. Second, i.t introduces the origin, viewpoint, conclusion and tedency of a debate which discussed whether it was appropriate to adopt this principle in civil procedure in foreign countries. Third, it analyzes the social base, ideal base and institutional base on which to establish the priciple of good faith as the priciple of civil procedure.Civil procedure law in china hasn' t prescribed the principle of good faith as the fundemental principle yet and this results in many defects in theory and practice. This article suggests that we should establish the priciple of good faith in civil procedure law definitely. Thus it can fetch up the defects of statute law of civil procedure, prevent the rights in litiation from being abused, improve the system of the principle of civil procedure and build up the authority of jurisdiction. This article points out that the main purpose of the principle of good faith is to prevent the rights from being abused and we should adopt the expressions which is like declaration in Korea. Finally it discusses the realization and safeguard of this principle in the institution of prosecution, parties' statements, witness and free descretion of judges on evaluation of evidence.