The Status And Regulation Of The Lack Of Good-faith In Letigation Of Parties

Honesty is the traditional Chinese virtue through the ages. But along with the economic development and social progress, we’re experiencing an unprecedented crisis of confidence. This crisis roots in the general lack of personal honesty, enterprise’s honesty, government’s honesty and judicial authority. People’s court, deemed as the last line of defense to safeguard social fairness and justice, also inevitably encounters with huges of dishonest parties. Dishonesty comes up at every stage of civil proceedings and it has characteristics of inherent.In the judicial practice of our country, the problem of parties lacking of honesty is deteriorating. The spread of dishonest behavior to the judicial field has a variety of reasons, including concept, system and policy. The dishonest behavior must be regulated, or it will undermine the lawsuit. What’s more? It must be bond to waste limited judicial resources and destroy the judicial authority. In order to solve this problem, joint efforts are needed which rely on the theory and practice, legislation and justice, concepts and system. The people’s court shall promote honesty in the process of handling cases and propagating laws and regulations. They also shall make every effort to build a faith system in civil proceedings if possible. Legislature could learn from foreign countries who already have a complete legal system to regulate the dishonest behavior in civil proceedings. The principle of honesty and trust has been established as the basic principle in Chinese civil procedural law in 2012. Then what we should do is to build the corresponding security system for this principle.