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On The Principle Of Good Faith In The Civil Procedure Law

Posted on:2016-12-10Degree:MasterType:Thesis
Country:ChinaCandidate:H Z X LiuFull Text:PDF
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"The Decision on Amending the Civil Procedural Law " was approved by the Standing Committee of the Eleventh National People’s Congress at its 28 th session. New revision of the civil procedure law stipulated in article 13 " civil procedure shall follow the principle of honesty and credit ".It was in this decision that the good faith doctrine was introduced into civil litigation for the first time in our country. The good faith doctrine is not only beneficial to give attention to both entity and procedure fairness, but also conducive to the realization of the litigation economy, further improving the system of civil procedure law basic principle, and reflecting the value of the fairness and justice of law. on December 18, 2014 by the 1636 meeting of the Judicial Committee of the Supreme People ’s Court on applicable " The interpretation of the Civil Procedure Law "(hereinafter referred to as the "interpretation"), the specific application of the good faith doctrine showing the importance and meaning of building a socialist country ruled by law.Good faith principle discussed in the theoretical field of laws mainly originated from Roman law of continental law system. As time goes on, good faith in the law in countries all over the world have reflected more or less. Generally, the continental legal system countries focus on the study of the true obligation. On another hand, the Anglo-American legal system countries concentrate talking on prohibiting conflicting actions. The concept of "Cheng Xin" in Chinese as a moral standard has a long history in China. It has taken a long time to be introduced to the law by giving more expression to substantive law. The principle of good faith in the amended civil procedure law is mainly embodied in article 112 and article 113. However, the principle of Good Faith prescribed in civil procedure law of our country does not contain systemic stipulation. It neither fit to the massive Good Faith flaw question at present nor satisfies the need of civil action practice. Therefore, it appears that in-depth doctrinal analysis and research on the principle of Good Faith and exploration of an efficient path for problem solving is very necessary.There are four parts in this paper. Firstly analyzes the meaning of the good faith doctrine into civil litigation by introducing the concept of the principle of good faith on different fields. The second part applies the principle of good faith to other countries approach is studied by taking the comparison about the principle of Good Faith between the continental legal system countries as Germany and France and theAnglo-American legal system countries as Britain and the United States. The third part clarifies the application of the principle of good faith for the subject and situation in detail. The fourth part analyses the communique case honest credit principle for shortage and applies to the rules and regulations.By guiding actions in not only moral but also, it is necessary to study on the principle of good faith.
Keywords/Search Tags:the Principle of Good Faith, Modification of the Code of Civil Procedure, Malicious Litigation, Malicious Debt Evasion
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