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Judicial Civil Procedure Applicable Principle Of Good Faith

Posted on:2015-02-24Degree:MasterType:Thesis
Country:ChinaCandidate:W X LiaoFull Text:PDF
Abstract/Summary:PDF Full Text Request
The principle of honesty and credit is established as the basic principle of civillitigation, both to protect the legitimate rights and interests of the parties, but alsoconducive to the maintenance of judicial justice. At present, in the civil judicial practicein the country, there are a large number of parties initiating malicious jurisdictionobjection especially in our country, And it is often seen that somebody deliberatelydelayed the Lawsuit Abuse of litigious right court case, the abuse of discretion.Foreigncivil procedure rules the honest credit principle applicable legislation guarantee strict.Although our country in civil litigation provisions of the principle of honesty and credit,but the civil procedure law need to improve it. As the parties, should be first in specifiedtruthful obligation; secondly should clearly stipulate that the parties estoppel; finallyshould stipulate the parties breach of trust should bear the adverse consequences. As thejudge, should be clear heart is open and reasonable regulations on the punishment.
Keywords/Search Tags:the principle of honesty and credit, civil procedure, true obligation, discretionary power
PDF Full Text Request
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