A Reflection On Good Faith

As a fundamental principle of Civil Law, Good Faith plays the best important and instructive role in judicial course: Instruct parties how to exercise the right , fulfill obligations; Give the judge the power of free measurement and explain ,appraise , supplement the legislation. However , As the fuzziness and flexibility of Good Faith , It is standing the danger for misunderstanded and abused while it become generally valued. For example , quite a few Scholars maintain that leading Good Faith into Civil Procedure Law. But this lacks enough theories to support. So , this article aims at inheriting the spirit of reviewing , announces the meaning , function of Good Faith, etc. in an all-roundway by the study on Good Faith and the relation between it and civil litigation. And this article is expected to improve to reform Chinese civil procedural beneficially.This article can be divided into five parts.The parts of preface mainly Point out the background studied and existing problem of Good Faith emphatically , And then propose thinking and method of this research. The circle of Civil Procedural theory always pays attention to the study on basic principle. As a primary principle of Civil Law , Good Faith is no exception. But they are influenced by Civil Law scholars while they probe into Good Faith. So they only see the advantage , can not see the shortcoming. With the attitude of reflection , we study Good Faith omni-directional, Combining the particularity of procedural law and the uniqueness of Chinese civil procedural reform .The second part that we have probed into origin and development of Good Faith in China and Civil Law System. Its purpose lies in that Good Faith is not paid attention to in Ancient China , no matter on the morals or in law; the western is same as China.The third part describe the function and meaning of Good Faith separately, and analyze the two major functions of Good Faith in Civil Procedural Law that is truth burden and free measurement. And then we hope to make an appraise to the realistic possibility of the two major functions with the current situation.The fourth part explained the violation in detail among Good Faith and the basic properties of civil litigation, the contractualization on Civil Procedural Law, the fundamental principle of Civil Procedural Law,as Argumentum etc.. In addition , in case of not setting up privilege system at present, there will be harmful to the parties and the others while leading Good Faith into Civil Procedural Law. Finally , we will analyze the relation between Good Faith and estoppel by arranging the origin and development of estoppel to correct the false notionThe last part re-emphasizes the main problems that we confront at present and summarizes the direction of Chinese civil procedural reform. Its aims to take a stand of Good Faith and expect to improve to reform Chinese civil procedural beneficially.