The Application Of The Good Faith Principle In Civil Procedural Law

With the developing of china’s civil procedure, many messy problems emerged. Behaviors as false statement, malicious statement and the abuse of litigious rights emerged in endlessly, which destroyed the normal order of civil procedure. To explore the reasons of this phenomenon,there are moral flaw and legal loophole. In 2012, new code of civil procedure established the good faith principle in civil procedure formally, providing a new chance of cleaning up non-honest phenomenons and maintaining the normal order of civil procedure. However,in order to make the good faith principle applied in civil procedure practice,we should deal with the relationship between the good faith principle and other principles. Then we can make the principle play an important role in overcoming bad behaviors in civil procedure. This article researches the practice in civil procedure. Beginning with the theory of application of law, we explore the application of the good faith principle with the help of empirical analysis method from the perspective of legal interpretation. Our purpose is explore a model of good faith principle’s application,which includes case categorization and punishment mechanism and deals with the relationship between the good faith principle and other specific rules correctly.