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On The Principle Of Honesty And Credit In Civil Litigation

Posted on:2019-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhouFull Text:PDF
GTID:2356330542482194Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As an important fundamental rule,good faith principle in civil procedure constantly plays an important role from being established.In the sight of legal provisions,good faith principle in civil procedure carries out the whole civil litigation indeed.From guiding rules,system of evidence rules to executable program rules,there are many regulations to embody good faith principle.However,there are still some problems to puzzle the application of good faith principle in civil procedure since it has developed several years.In particular,there are still many disputes in theoretical research and legal regulations which embodying good faith principle are indefinite.These problems influence good faith principle in civil procedure to develop basic principle status and guiding function.The paper can precisely elaborate the basic content of good faith principle.On the basis of analyzing the problems of the principle,the paper can offer some proposals of good faith principle's effective operation: improve detailed specific regulations of evidence system,strengthen the sanctions to punish the actors against good faith principle and regulate the judge depending on exercise power adopting good faith principle to discretion case.
Keywords/Search Tags:good faith principle, obligation of truthfulness, sanction measure, judicial application
PDF Full Text Request
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