Reflection On The Principle Of Honesty And Credit In Civil Litigation

The principle of good faith has been established in the Civil Procedure Law,which indicates that the debate in the academic world about whether China's civil procedure law should introduce the principle of good faith has come to an end.However,the principle of honesty and credit in civil litigation still has problems in the process of application: Judges and parties are actually a kind of vertical unequal relationship.Judges have the command of the entire civil litigation activities.They simply appeal to judges to be honest and kind,and may be more likely to become a pale slogan.As a legal principle,the principle of good faith should have played a complementary role in the absence of explicit provisions of the law.At present,the call for the principle of honesty and credit in academic circles is getting higher and higher,but the principle of good faith is moral.It should be an advocacy and expectation.In view of the problems existing in the application of the principle of honesty and credit,the state and social theory are taken as the research perspective,and from the perspective of society above the state,the subject and specific issues of the principle of honesty and credit in civil litigation are reflected.This vertical unequal relationship between the judge and the client is in fact equivalent to the relationship between the state and the society.The state's commitment to society is a constitutional obligation.The judge must be honest and kind in the process of exercising power.It is not the same as the principle of good faith in civil litigation.The state should maintain a tolerant attitude toward the society.The state should allow the masses to make mistakes.If the law still stipulates that the supplementary effect of the principle of good faith should be used to punish the parties in the absence of explicit provisions of the law,it would be equivalent to let the parties bear the law without a clear text.The adverse consequences of the regulations.The principle of good faith is a principle of ethical nature.The introduction of the principle of good faith in civil litigation in China should also be an advocacy regulation.