Arbitrary And Limit

The debate has constructed the equal confrontation between the parties, the judge inthe negative and neutral status of the isosceles three solution form structure model,emphasizing the adequate protection of litigious rights, not allowed to exercise theirlitigation rights of the parties to make any interference and restriction, fully embodies therespect the freedom and right of disposition. In the early period of debate, bound to breakthe inquisitorial system, improving the efficiency of lawsuit plays a positive role in. But inthe process of operation, the debate also had various defects, the parties in order to achievetheir purpose, contrary to the principle of good faith, take the concoctive fact, conceal thetruth, malicious turn things upside down, delaying litigation wanton behavior, damage tothe state, society, third people and the other party’s legitimate rights and interests, resultingin civil litigation order is disturbed, abuse of rights of action, the judicial authority ischallenged seriously. Therefore, it is necessary for us to revise and perfect the doctrine ofdebate, to establish the true obligation in the civil procedure law, the parties must followthe requirements of the principle of honesty and credit, strictly fulfill the obligation oftruthfulness, prohibition of malicious litigation, litigation, litigation drag behavior such asfalse. The procedural guarantee, as the lowest level of restrictions on the parties debate, torestrain the parties in litigation perpetrate whatever evils one pleases.To determine the true obligation is not accomplish at one stroke, to the developmentto the present from the proposed in Chinese and foreign law and the judicial practice hasbeen controversial. This paper starts from the obligation of truthfulness, raises the questionabout the controversy: whether we should establish the true obligation? Then combiningwith the development status and existing in western countries real duty legislation, analysis of the concept, the connotation, the true obligation of legal protection, clarify therelationship between the obligation of truthfulness and related systems, so as to draw onthe Legislation Enlightenment to establish the true obligation of our country. In order toChina through the establishment and improvement of the true obligation, promote judicialefficiency, safeguard the public interests, the purpose of improving the judicial authority.