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The Theory Of The Civil Procedure Law Principle Of Good Faith

Posted on:2016-07-21Degree:MasterType:Thesis
Country:ChinaCandidate:M R LuFull Text:PDF
GTID:2296330461454106Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As one of the basic principles of civil law principle of good faith, has the important position and role of "imperial terms". But this principle is not only play a role in the field of private law, its influence is also deepens gradually along with the public law of private law influence to infiltrate other legal areas, that is one of the is in the field of civil procedural law. But for will as a rule of law principle of good faith in the field of civilian law established there is a fierce and prolonged debate in academic circles.But in 2012, the revised article 13 of the civil procedure law added: "the civil procedure shall follow the principle of honesty and credit, this makes a lot of to violate the principle of good faith in civil procedure legal phenomenon, waste scarce judicial resources, interfere with the normal judicial activities have a solution on the basis of the theory. The most common such as: bring malicious prosecution, false lawsuits damage the legitimate interest of an outsider in the mediation fictional facts for illegal purposes, interfere with the other party, and an outsider complicit in malicious defaulted and abuse of right of appeal, the abuse of right to apply for retrial, the abuse of right to apply for procuratorate protest and false witness, malicious evaluation, etc., so the changes of the civil procedure law litigation principle of good faith, it’s been done.As a basic principle in the civil procedural law should all along throughout the process of civil litigation, at the same time, according to the particularity of case has targeted adjustment and regulation, in addition, the principle of abstraction of the foundations of the court to explain the referee. These are to some extent, reveals the "overlord terms" irreplaceable role.On this basis the principle of good faith in the field of our country civil procedure law to determine officially. But one thing worth thinking is, the people v. the law stipulation to this principle is too simple, how its after adaptation, composing and violation of the law shall bear the legal responsibility of detailed rules, neither do so for the application of the principles of this throughout the course of the civil procedure and put forward a series of challenges. Very likely because the content is too abstract and lack of operability and finally be on the shelf.This article is to introduce the principle of good faith in the people v. how specific applicable in law practice, after introducing the principle of basic theory, to further strengthen the legal responsibility about the violation of this principle, so as to ensure the principle of good faith to implement real, perfect the procedure of civil action.
Keywords/Search Tags:Honesty and credit, the basic principle, the application of the principle of good faith
PDF Full Text Request
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