Research On The Real Obligation Of The Parties In Civil Lawsuit

The real obligation of the parties is an important part of the principle of good faith in civil lawsuits.The real obligation of the parties is conducive to the judges ascertaining the facts of the case and safeguarding the substantive justice of the judiciary.At the same time,it can also promote the parties ' active prosecution,expedite the resolution of the case,and increase the judicial efficiency.The principle of good faith has always been the "emperor clause" in the field of private law.In the litigious litigation model,as the promotion of lawsuits is mainly the responsibility of the parties and their lawyers,and the lawyers will use litigation strategies as far as possible to use litigation techniques,such results not only delay the proceedings,but are likely to be lawsuits.The process and trials have deviated from the proper direction.Therefore,various countries have increased the principle of good faith in civil lawsuits in order to regulate the lawsuit behavior of both parties.China is in a transitional period,and a large number of behaviors in the economic and social fields have violated integrity.Reflected in the field of civil litigation,it is the existence of false lawsuits and malicious lawsuits.In order to prevent sham litigation,China's 2012 revision of the Civil Procedure Law incorporates the principle of good faith into the law.Regrettably,the legislation does not clearly explain the content of the principle of good faith,nor does it provide corresponding rules for the principle in the part of the rules.In addition,the establishment of the principle itself is intended to prevent false lawsuits and malicious lawsuits.The above causes are superimposed,resulting in the dilution of the subject's true obligations.False lawsuits and malicious lawsuits overlap to some extent,but many times they are not exactly the same.For example,the abuse of jurisdiction to abuse the jurisdictional right to object is a malicious act but not a false one.Many of the acts that violate the true obligations of the parties are acts of malicious lawsuits,but the law does not attempt to regulate them.In addition,as a basic principle,the law does not provide for penalties that violate this principle.It is difficult to make this principle a concrete and feasible operating standard.This article starts from the principle of good faith,discusses the significance and value of the principle of good faith in the field of civil litigation,and then discusses the connotation of the parties' true obligations and the specific requirements in the civil lawsuit.On this basis,the author analyzes the legal consequences of violating the true obligations of the parties,and studies the necessity of setting up true obligations in China and the legislative construction.