People V. Good Faith Discretion Of Judges Regulation

The judges’ discretionary power in civil procedure plays an important role in juridical practice as part of civil jurisdiction in China. The correct exertion of the power remedies and relieves the limitation and non-ductility of law promptly and effectively, leads a way for correct implementation of law and makes irreplaceable contribution to achieve justice of law. In light of inherent limitation and hysteresis in formulation of China’s statute laws, the power is sure to exist for a long time. Due to the flexibility of discretionary power, the power is apt to be abused in the process of juridical practice. It becomes the problem of China and all countries throughout the world that judges how to exercise discretionary power correctly. Hence, it becomes an inevitable practical problem to regulate the exertion of the power through all means and approaches. It can yet be regarded as an effective method to regulate the judges’ discretionary power in civil procedure with principle of good faith in the practice. The dissertation elaborates centering upon the necessity of regulating the judges’ discretionary power with principle of good faith. After analyzing the subjective and objective necessity of regulating the judges’ discretionary power with principle of good faith, the dissertation mainly sets forth overall regulation of principle of good faith on the judges’ discretionary power with regard to the drawbacks manifested by judges’ exercising discretionary power against the principle of good faith and deficiency of new legislation in civil procedure. Finally, reasonable and effective regulation conceptions are put forward herein in the hope that the judges’ discretionary power could be exercised correctly to achieve the purpose of judicial justice.The main text hereof is divided to four parts:Ⅰ. The subjective and objective necessity of regulating the judges’ discretionary power with principle of good faith is elaborated on the basis of analyzing the legal connotation of principle of good faith and the judges’ discretionary power in details. The principle of good faith is gradually adopted by legislations of civil procedure in all countries from moral rules. It is of profound practical significance and operability to regulate discretionary power with it.Ⅱ. There are many circumstances in which judges exercise discretionary power against principle of good faith in the juridical practice. Many reasons give rise to these circumstances. Abuse of discretionary power directly brings about injustice of judicial adjudication, seriously damages the authority and dignity of law and severely disrupts social justice. These circumstances must be restrained effectively.Ⅲ. The principle of good faith is written to new civil procedure law, which is of positive progressive significance and will plays an unprecedented impelling action on development and perfecting of China’s civil procedure laws. However, as the principle of good faith has just been written to the civil procedure law, there are many deficiencies in law-making. It is to be perfected through theoretical development and practical testifying.Ⅳ. The part is the emphasis hereof. This part makes an overall study on regulating discretionary power with the principle of good faith based on objective realization of the principle of good faith in civil procedure being written to law. Concrete means and ways of effectively regulating the judges’ discretionary power with the principle of good faith are found through analysis, thus promoting the principle of good faith to regulate the judges’ discretionary power, guaranteeing correct exertion of the judges’discretionary power to achieve legal justice in a better way, and impelling China’s legalization process of harmonious society.