On The Principle Of Good Faith In The Civil Action

This thesis studied the origin and the development of the principle of good faith in the realm of law and discussed the establishment of the principle of good faith in theories and actualities in civil procedures. This article elaborated the basic meaning, function and positions of the principle of good faith in civil procedure law. Also, this article explains how to apply this principle in civil procedure.The first part is"the origin and the development of principle of good faith."The writer analyzed the process of the principle of good faith entering the realm of civil law from the realm of public law and introduced the actuality and quality of this principle. This thesis hold that the principle of good faith syncretized the spirit of moral and law .The difference of the principle of good faith between civil law and civil procedural law is obvious.The second part analyzed the reasons of applying the principle of good faith in civil procedure. The writer elucidated the basic meaning of the principle and analyzed the realistic and theory foundation of applying the principle of good faith in civil procedure law. Establishing the principle of good faith in the civil procedure law not only match with the development direction of the modern civil procedure law, but also accord with the demand of the judicial fulfillment in our country.The third part elucidated basic contents of the principle of good faith in civil procedure law. The writer considers that principle of good faith should be applicable to all litigants including the judge to carry out its functions such as behavior standard, explaining and revising the written laws. In civil procedure law, the principle of good faith is placed in the position of basic principle, constituting with other basic principles of civil procedure law as a whole.The fourth part writer analyzed how to apply the principle of good faith in civil procedure law in a specific way. The influence of the principle of good faith to litigants is embodied in the enactment of true duty, forbidden the anti-speech and abuse the procedural rights, expired of the procedural rights. In regard to the judge,...