民事诉讼法适用诚实信用原则的法理思考

The Jurisprudence Discussion about Applying the Good Faith Doctrine to the Civil Procedural Law

本文从法理的角度论述了民事诉讼法之诚实信用原则与司法公正、诉讼效率和严格规则的关系,以期我国民事诉讼法能够明确规定诚信原则,并有效发挥它在诉讼实践中的积极作用。

This text discusses in detail the relationship of the principle of good faith and justice, lawsuit efficiency, and the conflict of the principle of good faith with strict rule from the jurisprudence. The author expects that the civil procedural law of our country can stipulate the principle of good faith clearly, and the principle of good faith can give play to the positive role in the lawsuit practice effectively.