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@article{ART002344593},
author={Bao,Bing-Feng},
title={The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation},
journal={Journal of International Business Transactions Law},
issn={2982-5903},
year={2018},
number={21},
pages={19-40},
doi={10.31839/ibt.2018.04.21.19}

TY - JOUR
AU - Bao,Bing-Feng
TI - The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation
JO - Journal of International Business Transactions Law
PY - 2018
VL - null
IS - 21
PB - The Institute for Legal Studies Dong-A University
SP - 19
EP - 40
SN - 2982-5903
AB - In civil procedures, the principle of good faith is that justice, honesty and good faith should be obeyed by the court, the party concerned and other litigant participants when they participate in civil proceedings. Whether the principle of good faith which originates in the field of substantive private law can extend to the realm of civil litigation has sparked quite a heated debate among scholars of the civil law system. The principle of good faith is the legalization of moral principles in civil litigation, which can both coordinate the actions of the subject of the proceedings and coordinate the conduct of the court’s trails so that the proceedings will go smoothly and finally fairness and justice will be achieved. Therefore, China’s Amendments to Civil Procedure Law in 2012 formally adopted the principle of good faith as the basic principle. The expression of the legislative text that “In civil procedures, the principle of good faith shall be adhered to.” has a certain ambiguity. However, it can be seen from the changes which is from the draft to the formal legislation in the process of the amendment of Civil Procedure Law that the principle of the good faith should not only constrain parties, but also constrain courts and other litigant participants. The comprehensive application of the principle of good faith towards the participant subject of litigation, on the one hand, shows the necessity of introducing the principle of good faith in the field of civil procedure, on the other hand, also demonstrates the importance of the principle of good faith as a fundamental principle regulating all subjects.
KW - Civil litigation;The principle of good faith;The obligation of truthfulness;Moral norms;Cooperative doctrine
DO - 10.31839/ibt.2018.04.21.19
ER -

Bao,Bing-Feng. (2018). The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation. Journal of International Business Transactions Law, 21, 19-40.

Bao,Bing-Feng. 2018, "The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation", Journal of International Business Transactions Law, no.21, pp.19-40. Available from: doi:10.31839/ibt.2018.04.21.19

Bao,Bing-Feng "The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation" Journal of International Business Transactions Law 21 pp.19-40 (2018) : 19.

Bao,Bing-Feng. The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation. 2018; 21 : 19-40. Available from: doi:10.31839/ibt.2018.04.21.19

Bao,Bing-Feng. "The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation" Journal of International Business Transactions Law no.21(2018) : 19-40.doi: 10.31839/ibt.2018.04.21.19

Bao,Bing-Feng. The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation. Journal of International Business Transactions Law, 21, 19-40. doi: 10.31839/ibt.2018.04.21.19

Bao,Bing-Feng. The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation. Journal of International Business Transactions Law. 2018; 21 19-40. doi: 10.31839/ibt.2018.04.21.19

Bao,Bing-Feng. The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation. 2018; 21 : 19-40. Available from: doi:10.31839/ibt.2018.04.21.19

Bao,Bing-Feng. "The Theoretical Changes and Legislative Analysis of the Principle of Good Faith in Civil Litigation" Journal of International Business Transactions Law no.21(2018) : 19-40.doi: 10.31839/ibt.2018.04.21.19