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The Principle Of Good Faith Applies Studies Program

Posted on:2014-02-20Degree:MasterType:Thesis
Country:ChinaCandidate:X R YangFull Text:PDF
GTID:2256330401961329Subject:Law
Abstract/Summary:PDF Full Text Request
The principle of good faith in our country have already exist as the basic principles ofcivil law, and known as "king clause". With the principle of good faith to expand in thefield of public law, our country new revision of the civil procedure law stipulated inarticle13"civil procedure shall follow the principle of honesty and credit". Principle ofgood faith in civil procedure refers to the court, the parties, the relationship betweensubject and other civil litigation, civil litigation in the behavior, must be honest,kindness and justice. The principle of good faith reflect the value of the fairness andjustice of law, legal proceedings embodies in procedural law that set up not to abuse andto evade the legal interest, which is general legal theory of the basic requirements. Thehonest credit principle into the civil procedural law should not only make the integrityof debate for many years into the topic of the civil procedure law the dust settles, at thesame time also accord with the theme of the contemporary Chinese socialist harmonioustransition period requirement, highlights the color of The Times. The legislation ofChina’s socialist rule of law is to establish meaningful, is not only beneficial to giveattention to both entity fairness and procedure fairness, is conducive to the realization ofthe litigation economy, and further improving the system of civil procedure law basicprinciple in our country.The legislation, the principle of good faith in civil procedurelaw is mainly embodied in article112and article113, mainly includes the principle ofgood faith in civil procedure rules, the lawsuit right abuse of the system of lawsuit "ban""regulations and the provisions of the burden of proof in litigation in order to reveal itscivil lawsuit in our country is current situation and existing problems.Based on theanalysis of the principle of good faith in civil procedure law of our country is on thebasis of the emphasis on perfecting our country’s civil lawsuit for the implementation ofthe principle of good faith system, from the design of the principle of good faith lawsuitmechanism and violation of the principle of good faith in the relief system design twoaspects, to be analyzed. On the design of the mechanism of litigation, the author will bedivided into its third person cancellation suit is perfect, malicious false legal regulationsystem of consummation and the loss power system, the witness guarantee system buildup and improve the applicable program, intent before the behavior against the principleof good faith to achieve the objective of the containment. In addition, on the relief ismainly divided into two aspects to analysis, including giving the other party dissidence system and in violation of the principle of good faith lawsuit responsibility to assume.The author thinks that only the institutionalization of honesty and credit in civillitigation is difficult problems, realize the real sense of honesty and credibility, fairnessand justice, further reveals time color.
Keywords/Search Tags:The principle of good faith, Modification of the Code of Civil Procedure, Litigation rights abuse
PDF Full Text Request
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