A Study On The Contradictory Behavior Of Civil Litigation Parties And Its Regulation

The parties' procedural contradictory behavior mean that in the process of litigation,a party has committed a procedural act and the other party has reasonable reliance on it,then the former party also implements another act which would be against or contrary to the previous act and damage the interests of the other party.The procedural contradictory act is a typical dishonesty behavior,it not only damages the other party's trust in litigation,but also undermine the stability of litigation,hinder the settlement of disputes.At present,the laws of civil litigation in our country lack of regulations on the parties' procedural contradictory acts,the principle of good faith is the only dominant clause.Academics also have less specialized research on this problem.Judicial practice is different from legislation,It has recognized that there is a need to regulate the parties' procedural contradictory acts and applicated " estoppel" to regulate the behavior.This article studies on the parties' procedural contradictory behavior.It chooses the status quo and common performance of he behavior as beginning,analyzes the reasons of it and its damages.Then the article defines the parties' procedural contradictory acts and put forward the standards of identifying the contradictory behavior of litigants.Afterwards,it combines with the laws and practice of civil litigation in our country to regulate the contradictory behavior of the parties,and summarizes the effectiveness and shortcomings of existing measures.In view of the insufficient regulation,the author proposes a regulatory concept composed of procedural sanctions and substantive responsibilities.Using multilayered and multi-angle regulatory means,depending on the circumstances,we can Impose suitable sanction on the parties' procedural contradictory acts.In order to prevent improper sanction of the parties' procedural contradictory acts affecting litigation rights,it also put forward suggestions on the pre-trial procedure and the parties' right to collect evidences.