Estoppel Principle In Civil Judicial Practice

Estoppel's main function is to give the factual conclusions of the judgment to determine the binding force in common law countries.The civil law system generally understands the estoppel rule as a concrete expression of the principle of good faith,so as to play the role of the estoppel principle in restraining litigants.The function of the "estoppel principle" in China's civil judicial practice is similar to that of the civil law system,and both focus on the elimination of contradictory litigation.People are required to be responsible for various acts they have made in words when engaging in civil activities and civil lawsuits,and they must not arbitrarily make statements or actions that negate the preamble.The main purpose is to prevent one party and other participants from appearing in conflicting actions,damaging the interests of the other party and undermining the overall progress of the civil action.It can be seen that the estoppel principle requires a high degree of consistency in the behavior of the parties.Although China's current civil procedure law has not yet established the culture of the estoppel principle,this principle is widely used in China's judicial practice,and even the "courts' view" of the ruling documents of courts at all levels directly refers to the prohibition of counterclaim.This article focuses on the application of the estoppel principle in China's civil judicial practice,and attempts to deeply consider the application and optimization of the estoppel principle in China's civil judicial practice,and proposes the further standardized application of the estoppel principle.This article focuses on the application of the estoppel principle in China's civil judicial practice,and attempts to think deeply about the application of the estoppel principle in China's civil judicial practice and its optimal application based on the summary of the adjudication ideas of 210 adjudication documents.The author believes that in the absence of explicit provisions in the current law,citizens 'awareness of the rule of law has also been increasing.While the estoppel principle restricts the parties' contradictory actions,they should also pay attention to the applicable normativity and uniformity.When necessary,The realization of the principle of estoppel in the form of guiding cases and judicial interpretations to ensure that the principle of estoppel effectively exerts its value in the application of the norms will be more conducive to the fairness of China's procedural law and the interests of the parties Protection.The realization of the principle of estoppel in the form of guiding cases and judicial interpretations to ensure that the principle of estoppel effectively exerts its value in the application of the norms will be more conducive to the fairness of our procedural law.Establishing the guiding ideology of the estoppel principle in the form of guiding cases and judicial interpretations to ensure that the estoppel principle effectively exerts its value in the application of the norms,which will be more conducive to the fairness of China's procedural law and the protection of the rights and interests of the parties.