Research On The Application Of The Principle Of Good Faith

The principle of good faith is known as the "imperial clauses" of civil law.Article 13 of the latest revised Civil Procedure Law establishes the principle of good faith in the field of civil litigation,which indicates that this principle is initially confirmed in the public law field in China.However,the research on the principle of good faith in the field of civil litigation mainly focuses on whether it could be legalized or the applicable subjects,and the research on the principle of good faith in judicial application is relatively less.With the entry into force of the latest revised Civil Procedure Law,the judicial application of the principle of good faith in the field of civil litigation becomes a priority.As a legal principle,good faith steers the whole civil proceedings,and it is required to be observed by all entities involved in the litigation,including litigants,court and judges.The principle of good faith ensures the judges to exercise jurisdiction according to law independently and impartially through regulating the official conducts of judges.The duty of the judge is to practice law,and the practice of law is to achieve justice.Once judge breaks good faith in performance of their official duties,it may lead to the justice deprived in cases and the crisis of judicial trust,even the current ongoing judicial reform in China hindered.Therefore,it is necessary to study the principle of honesty and credit to regulate the performance of judges.Therefore,it is necessary to research the principle of good faith to regulate the performance of judges.In addition to the introduction and conclusion,the text is divided into four parts.The first part focuses on the practice of the status quo:the principle of good faith to ensure that judges perform their duties according to law is relative ineffective.Through a brief discussion of the legislative background,connotation and applicable subject of the principle of good faith in civil litigation,it reveals that the aim of legislation is to ensure the judges to exercise jurisdiction according to the law independently and impartially through regulating official conducts of judges.However,in practice,data and cases show that the principle of good faith fail to ensure that judges perform their duties impartially.The second part analysis causes:deficiency in details of the good faith principle results in the failure of regulating function.This part starts with the general theory of implement regulating functions of the principle of the rule of law,and points out the concrete rules of good faith principle require specific rules in the system of discretion,free-brief principle and guard against raid.At the same time,based on the data and cases listed in the first part,it is analyzed that the specific rules in such systems are short of details,which fails to fulfill requirements of good faith principle in the evolvement of regulating judges' official conducts even though such principle established.The third part concentrates on extraterritorial practice:practice of the principle of good faith in regulating the conducts of judges in performance of their duties.With the second part as the starting point,this part mainly focuses on extraterritorial theory and practice of good faith principle in the field of regulating the conducts of judges in performance of their duties,which includes the independence of judges,rules of thumb,the interpretation of judges and the professional ethics of judges.The fourth part provides countermeasures and suggestions:methods and concrete conception on playing regulating function of the principle of good faith.Combined with the causes analysed in the second part and the comparison inspected the relevant revelation in the third part,it provides specific comments and suggestions on the improvements and refinements on relative rules in order to play a due role of the principle of good faith in regulating official conducts of judges.Conclusion is based on the summary of the previous discussion,and it comes to the end of the text.