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The Specific Application Of The Principle Of Good Faith In Chinese Civil Procedure Law

Posted on:2015-12-12Degree:MasterType:Thesis
Country:ChinaCandidate:C Y LiangFull Text:PDF
GTID:2296330422482672Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The Article13(1) of the Civil Procedure Law of the People’s Republic of China(2012Amendment) clearly stipulates that “In civil procedures, the principle of goodFaith shall be adhered to”. The introduction of the principle not only provides thelegislative basis to prevent right abuse of the parties, but also gives legitimacy tojudges who pursue the specific social justice to explain or make up for the legaloversight. Although there is still a controversial in the spheres of subjects of theprinciple of good faith;however, it’s widely held that the principle is applied to thejudges, in addition to the parties. Judging from the current legislation, the applicableentrances, the applicable rules of different entrances, the applicable situation injudicial practice and the legal liability of the principle are not yet clear——In otherwords,in fact, the principle presents a worrying state of hollowing out. Therefore,the essay will discuss the above problems respectively.This essay includes three parts: introduction, text and epilogue. Among them, thetext consists of four chapters. The main contents are as follows:Chapter One makes a general explanation to the spheres of subjects of theprinciple of good faith, on the basis of clarifying the meaning of the application oflegal principle. Then, the essay discusses the necessity, the realistic difficulties aswell as the institutional guarantee of the application of the principle between theparties as well as between the judge and the parties.To avoid the abuse of the principle of good faith in civil litigation, Chapter Twogives a detailed discussion on two applicable entrances and the corresponding rulesof the entrances——“directly quoted by the parties” and “directly quoted by thejudge”, on the basis of absorbing the jurisprudence of how to apply a legal principle.Chapter Three presents the concrete applicable situation of the principle of goodfaith in our country’s civil litigation. Firstly, the components of the lawsuit acts inviolation of the principle are summarized. Then, the essay mainly discusses theconcrete applicable situation of the principle on two occasions: the violation of theprinciple between the parties as well as between the parties and the judge, so as to provide reference for the judge to identify and regulate the bad faith behavior.Above all, Chapter Four mainly explores the legal liability of the civil lawsuitacts in violation of the principle of good faith. Firstly, the conditions of the legalliability are specified. After that, to guarantee the effective implementation of theprinciple in civil litigation, the forms of substantive and procedural liability arerespectively discussed.
Keywords/Search Tags:principle of good faith, the spheres of subjects, rules of application, applicable situation, legal liability
PDF Full Text Request
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