The Application Of The Theory Of The Principle Of Good Faith Of Civil Action In China

The principle of good faith as the basic principles of the civil substantive law has a long history, about such problems as the basis, scope for its many scholars have also been carried out extensive and in-depth research. Since the end of the 19 th century, with the development of the rule of law, social, and related concepts and system in civil procedure law and so on, the principle of good faith by all countries in the world gradually absorbed by civil litigation law and introducing, established as a basic principle of civil litigation law.But, after all, the contents and characteristics of procedure law are different from the entity laws, on the principle of good faith in civil procedure law of the applicable problem there is a need for more thoroughly even if different. China’s newly revised in 2012, the civil procedure law, increase the "civil litigation shall follow the principle of good faith", the principle of good faith in civil litigation law in our country is still belong to a relatively new rules, most of scholars pay more attention to the principle of good faith in civil litigation scope of application and its effect on the restriction of applicable subject, for the problem of the applicable and complete system of the academic discussion also is less, and it is also the problems need to be solved in practice.This paper comprehensive use of law, economics and other disciplines of knowledge, with an emphasis on Germany, Japan and China, the development course is introduced the principle of good faith in civil action, summarizes the theoretical basis of the principle of good faith to establish in our country civil procedure, and clarify the scope of application of the principle of good faith of civil action, points out the problems existing in the principle of good faith in the applicable, and make suggestions for the principle of good faith in civil action in our country the improving for good.