On The Application Of The Principle Of Good Faith To The Court

The civil procedure law is an important part of our country's legal system,and also is the symbol of social civilization.However,in recent years,due to the lack of legislation,the court(the judge)abuse of discretion in civil procedure,the implementation of raid referees,deprivation of the legitimate interests of the parties and other illegal acts of bad faith is often seen.,damaging the judicial authority and judicial credibility.In 2012,the revised civil procedure law generally established the principle of honesty and credit.But only principle is stipulated,the application scope of the subject,the applicable conditions and the legal consequences have no further specific interpretation.Also,the related judicial interpretation has not been perfect,leading to the different interpretation of the principle and different judicial practice.Through the analysis of the basic connotation and the spirit of the legislation of the civil procedure law,the literary review of different theories,the use of empirical data such as the judicial authority data,case study,media reports and other judicial analysis,empirical evidence,this paper attempts to specify that the hazard of dishonesty in the national judicial,and to make clear that the subject of application of the principle of good faith should all participate in civil litigation legal relationship,including the main court.This paper is intended to promote the research on the scope of application of the principle of good faith,to enhance the judicial operation,to promote the positive role of social justice,thus to safeguard the authority of legal system.The paper is divided into four chapters.The first chapter defines the meaning and origin of the principle of good faith as the basis of the concept of the scope of application of the principle of good faith.In this part,different theories concerning the current relevant principles of good faith will be discussed.In the second chapter,the paper focuses on the restriction and significance of the principle of good faith to the court's judicial action on the basis of the analysis of the principle of good faith and the legal connotation of the judge's judicial power.The third chapter,the main part of this essay,is to analyze the hazard of dishonesty,and reasons concerning the improper litigation behavior by using the judicial authority data,case study,empirical analysis,media reports and other judicial evidence.On the basis of the above research results,the fourth chapter puts forward the idea and suggestion of improving the application of the principle of good faith in our country by referring to the experience of the civil action of the judges in the outside rules.