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Talk About The Good Faith Principle In Civil Lawsuit

Posted on:2015-01-07Degree:MasterType:Thesis
Country:ChinaCandidate:S ShiFull Text:PDF
GTID:2266330428465661Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
New code of civil procedure article13states:"civil shall follow the principle of goodfaith."second paragraph states:"the party is entitled to within the limits prescribed by law dealwith their own civil rights and procedural rights."judicial practice some participants of theparties and there is often lack of civil litigation and moral qualities, self-discipline is not strongenough, are increasingly vulnerable to self-interest, during the proceedings of bad faith exercisetheir litigation rights, reckless lawsuits filed false,dishonest statements appear, delays inlitigation, forged and fabricated evidence, breach of fiduciary and moral phenomenon, somedistrict court judges implement strong sense of integrity and judgment, and thus, inevitablyarbitrary exercise of judicial powers, or breach of fiduciary principles raid referee, so many actsof dishonesty is not only a aspects of litigation against the interests of the parties, to the extent itwill greatly damage the credibility of res judicata and judicial.Given such proceedings anomie continue to emerge, which came into being civil principle ofgood faith and growing up in the trend of the times and judicial reform under the call, will endup being the most important as an express provision of the basic principles in this newly revisedcivil Procedure Law. Civil law principle of good faith exception profound sense, it is an honestparty litigation, honest conduct of the trial court ’s moral compass, but also help raise awarenessin the proceedings, the life of faith literacy, forging excellent quality in the whole society tocreate traditional virtues of honesty and trustworthiness rich atmosphere, and even the wholesociety on the build system has a good faith constructive and far-sighted of great significance.Since justice, honesty, efficiency is my complaint has been the efforts of national direction, astrong proponent of all parties and the Court Litigation full compliance with this fundamentalprinciple is even more necessary.The principle of good faith on the Civil Procedure The basic meaning and value of a detailedintroduction, I hope by understanding the history of the different views about the principles andarguments to clear entities, two kinds of procedural law principle of good faith differences, and through comparative analysis to explore the newly-law principles resulting theoretical basis andpractical background. By summarizing the legal analysis to guide people to think about how tobetter the principle of good faith in the Civil Procedure shall be specific institutionalized. And,the value of civil targets as the starting point for all kinds of action proposed misconducts,supporting the obligation to establish the appropriate sanctions to rationalize and constructivevision, which is the main issue of this paper, it is innovation of this paper lies. This is also toavoid unnecessary or even harmful phenomenon dishonesty in litigation order to enhance theintegrity of adjudication proceedings and credibility, and thus establish the practical realizationlandmark judicial authority has practical significance.
Keywords/Search Tags:Principle of good faith, Faith litigation, Civillitigation, The integrity of the trial
PDF Full Text Request
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