Reflections On The Civil Procedure Law Establishes The Good Faith Principle

The Civil Procedure Law was revised in 2012 and the principle of good faith was increased in the Article 13.Since then,the principle was officially set down in the Civil Procedure Law.The interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China applied from February 4,2015 have made some specific provisions on the principle and provided guidance for the principle applied in judicial practice.It certainly be effective to solve some bad faith problems in litigation like fraud litigation,excessive litigation and so on and of great significance,but bring some new problems at the same time and thought-provoking.In the first chapter,I introduce the concept of the principle and point out that it has formed in the generally accepted definition in the civil law but not in the civil procedure law.Next,highlight the history of its development to get a more explicit understanding about it.Then figure out the reason and the process of the establishment and set forth my own understanding on the provisions and reveal the significance.The establishment of the good faith principle in the civil procedure law can be regarded as a typical of the expansion from the private law to the public law. In civil law,the principle is known as “Empire Clause” and certainly own reasons behind it.The second chapter’s focus is let us know the obvious difference in these two branches of law so we can’t look at them in the same way.The difference reminds us that,in order to achieve the correct application of the principle in civil proceedings,we need to give full play to its role in the area of civil litigation and to look for others to make the suitable application in line with the spirit of the civil action.In the third chapter,I make a induction about the provisions first that reflect the spirit of the principle in order to know it from a legal perspective.Then I write down my owe opinions about the relationship among the good faith principle,debate principle,principle of penalty and the evidence.They have something in common indeed but also conflicts.That’s to say the establishment of the principle in the civil procedure law is needed but it also create some problems that must be solved.Only in this way the principle are better able to play fully role and functions.In the fourth chapter I introduce the detail requirements on the principle of good faith to the parties,the courts and other participants in the civil proceedings.Then I got the conclusion that only the parties should be controlled under the principle after the analysis.To be followed by the introduction of the application of the principle in reality and figure out some important problems.I put forward some applicable recommendations on the application of the good faith principle and hope it can really take on the task of the civil procedure.