Research On The True Obligation Under The Principle Of Good Faith

Litigation rights abuse and insincerity litigation have been one of the important problems in the judicial practice of civil litigation in China,which has been studied in theoretical circles,but has little effect in judicial practice.The newly amended civil procedure law in 2012 established the principle of honesty and credit as one of the basic principles of civil litigation,as if opening a door to solve the above problems.But the principle of the related research and the specific rules matching the simple and rough set and the perfect only ask,that how to apply this principle to solve problem of dishonesty in litigation is still difficult.In fact,the abuse of procedural rights,the credit demands of malicious prosecution,false litigation against litigation phenomenon in the final analysis is the main body in the lawsuit to achieve specific,deliberately for timely,comprehensive,real barriers to find out the case facts,in fact is not true,and this is not true both parties to the possible sources may also be derived from the judge.By means of normative research combined with case,discussion and study the principle of good faith,the true obligation of the parties and the judge,focusing on service is the purpose of writing the judicial practice,emphasizes that the judge in the lawsuit should uphold the true obligation,and based on judge whether the parties observe real obligation.