The Application Of The Principle Of Good Faith In China’s Civil Procedure Law To The Parties

Our established the basic principle of good faith in 2012, the status of the new revised "Civil Procedure Law". This brings both opportunities and challenges to the legislation and judicial practice of civil procedure in our country. Honesty and credibility as our traditional moral standard, in China has more than two thousand years of history. The law of the principle of good faith, to the greater extent,is learn from the exotic to meet the social and legal systems transformation. The collision between morality and law has formed the principle of good faith in our country. With the development of our society, the rule of law and sound, but it is parties to the abuse of litigation rights. With the social development, the legal system is constantly improve, the litigant rights security is becoming more and more perfect, but the problems of the parties abuse litigation rights is coming. And the principle of good faith is becoming an effective way to solve this problem. But the real problem has to face is that the time of the Civil Procedure principle of good faith to establish is short, and only the provisions of principle, has not yet formed specific applicable rules. The cases of applicate with principle of good faith are less and less. Fortunately, before the establishments of this principle, there have been scholars concerned and research on this issue, translated and discussed foreign law, like Germany and Japan, to solve the specific application to solve the problem. However, most research in violation of the principle of good faith conduct classification criteria are vague or simply learn from foreign practices, and the specific conception of this behavior is less systematic. This paper attempts to discuss the above issues, discuss the issue of the parties in the proceedings with good faith, in order to give an idea for full play to the principle of good faith in civil action.