The True Obligation Of The Parties Concerned In Civil Litigation In Our Country

Combining the status of legislation in our country at present, there is no specific provisions on the system of real obligations on the parties related. Therefore, the unreal Chen, litigation of the parties state meaning such as behavior can not be effectively from the root, the judicial justice and authority in our country. In order to solve the bad judicial status quo, to outside experience for reference to perfect our client specific obligations. In 2012 to implement the new "civil procedural law" in China will be "the principle of good faith" to public law in private law and regulations.In 2015 on the implementation of the new judicial interpretation also implement the principle of good faith, the principle to refine into specific provisions. On this basis,this article will focus on perfecting the true obligation of the civil procedure law in our country.This article from the perspective of system theory, based on the specific study on the real obligation. This paper is divided into four main parts:Summary of the first part of "the true obligation", this part discusses the concept of the obligation of the parties to real property, and on this basis, the basic theory of real obligations on the parties to the full.The second part of extraterritorial countries real obligations, the comparative analysis of "the parties", to countries outside the real obligatory system system research, and carries on the comparison to countries outside of the relevant legal rules, thus is advantageous to the our country the experience of the enlightenment.The third part of "the true obligation system in our country are faced with the dilemma, mainly includes two aspects: the first real obligation and the principle of debate boundaries are not clear; Second, the true obligation system in our country do not have enough protection measures and obligation to promote.The fourth part of the "perfect" on the obligation of the parties to real in China based on three parts before, system elaborated how to perfect the parties rather real obligation system. Concrete from the true obligation scope definition, promote and safeguard the core of the "real" as well as the rational building punishment mechanism three aspects to discuss.