The Application Of The Good Faith Principle In Civil Procedural Law

The establishment of the principle of good faith in China's civil procedural law was during the process of the reform of judicial methods,and the entire legislative process demonstrated the utilitarian nature of quickly curbing the abuse of procedural rights and false lawsuits.At the same time,it lacks specific systems and supporting measures to support it.This not only severely limits the function of the principle,but also may cause improper application of this principle in practice.The focus of academic research in our country is on whether it is possible to establish the principle of good faith,how to define the meaning of the principle,and the significance of introducing the principle.After the principle of good faith is established,the applicable ways of the principle,the scope of application,and the applied legal effects is controversial.While clarifying these issues,how to improve the corresponding concrete systems and supporting measures on the basis of the existing legislation and judicial practice in China to ensure the good application of this principle has also become an issue that needs to be resolved.Chapter 1: The author briefly discussed the historical evolution of the principle of good faith,and combined with several current mainstream theories about the connotation of the principle of good faith,redefined the connotation of the principle of good faith in the civil lawsuit of our country;The unique legislative style of the basic principles in the civil procedure law and the necessity of the principle of good faith as a basic principle are discussed,and the principle and other three basic principles as well as the relationship between the principle and the relevant specificrules are elaborated to clarify the good faith.The status and role of the principle in our country's civil lawsuit,in addition,has also initially explored the feasible application of this principle in judicial practice.Chapter 2: The author elaborates on the application phase,the applicable subject,the specific range of each subject,and the legal effects produced after the application of the principle,by referring to relevant experiences inside and outside the domain,some related specific regulations were collated and discussed.Chapter 3: The author read relevant cases of Chinese courts of all levels applying the principle of good faith in judgments and summarized the cases in which the Supreme People's Court and the High People's Court applied the principle into a form for analysis,thus making it more relevant in the legislative and judicial practice.A comprehensive and clear understanding of the actual application of the principle of China's good faith,so as to explore the problems existing in the application of the principle of good faith in China.Chapter 4: We address the existing problems in the application of the principle of good faith in the country,and learn from the mature theories inside and outside the domain of the application of the principle of good faith,combined with litigation environment and judicial status,and propose suggestions for improving the application of the principle of good faith in domestic civil procedural law.In this article,the author accurately defines the connotation of the principle of good faith in China's civil procedural law,defines the status and role of this principle,and clarifies the feasible application of this principle in China's judicial practice,and fully expounds the applicable phase,applicable subject,applicable range of each subject,and the applied legal effects of the principle in China,and finally back to domestic legislation and judicial practice.Through the study of relevant theories inside and outside the domain,against the problems existing in the application of the principle of good faith in China' civil procedural law,a complete and feasible solution is proposed.