Behaviors And Regulations When Parties Violate Principle Of Good Faith In Civil Litigation

In civil judicial practice, phenomenon of the parties’ dishonest litigation happens regularly. In the new civil procedure law released in 2013 added the rule of integrity, which is regulation of “good faith principle” for litigation. One reality cannot be ignored is that the revised civil procedure law still has no specific clause for basic function of good faith principle, which makes principle of good faith has impracticable risk due to lack of operability. If principle of good faith can’t be applied into specific provisions, it might become inane articles of law, not only wastes the resources of legislation, but also does no good to judicial application. How to rationally use principle of good faith and make specific implementation in civil litigation, it is a necessary problem how civil procedure law adapt to the reality of legal actions in new era after modification. This paper based on environment of the civil procedure law’s modification, took the applicable body of good faith principle as premise, further researched on how the parties rationally use principle of good faith and make specific implementation in civil litigation.Due to behaviors’ characteristics of diversity and complexity when the parties violate the principle of good faith, this paper first specifically analyzed the behavior patterns of how the parties violate good faith principle in civil litigation, classified the specific type of violating good faith principle, took the different interests that this behavior violated as standard, and according to the damage types of different interests to apply corresponding, suitable regulations, to ensure the basic functions of good faith principle in civil litigation.This paper consists four chapters:First chapter is relevant theoretical review of good faith principle in civil litigation. First explained the meaning of good faith principle in civil litigation, and then by classifying principle of good faith in civil litigation to deduce the applicable situations of good faith principle. At last discussed the significance of regulations on parties behavior of violating good faith principle.The second chapter introduced the behavior types of parties violate good faith principle. In this chapter, first from legal perspective analyzed two behavior types of how the parties violate good faith principle, discussed the legal interests parties encroached when they violate good faith principle, foreshadowing take legal interests as breakthrough point and regulate on dishonest behavior later.The third chapter is comparable investigation of applicable good faith principle for extraterritorial parties. In this chapter, first introduced typical behavior of how extraterritorial parties violate good faith principle, secondly introduced the major national regulation measures, explicated the responsibility extraterritorial parties should take when violating principle of good faith, and once by comparative analysis to explore suitable reference system for our country, and do some ideal foreshadowing work for our country’s system establishment.The fourth chapter is system setting for regulations on parties’ violation of good faith principle. In this chapter, the author took the consequences of parties’ violation of good faith principle as starting point, took the encroached interests as foothold, respectively from interests of the other party or outsiders, related interests of state judicial system, interests protected by criminal law this three aspects to explore regulation methods, hope to realize the effect of better regulating parties’ behavior.