论诚信原则在民事诉讼中的确立问题

On Establishment Problem of Good Faith in Civil Procedural Law

作为民事实体法的一项重要原则,诚信原则在民事诉讼中的确立受到各国立法和司法实践的关注。其在民诉中有着深厚的确立基础,也有一定的适用条件,内容涉及当事人、其他诉讼参与人及法院三方主体,主要体现在对当事人诉讼权行为的规制上,通过法官的自由裁量发挥行为规范与裁判规范的双重功能,以弥补制定法的固有缺陷。

As an important principle in civil substantive law, the establishment of good faith in civil procedural law is concerned by every country＇s legislation and practice of administration of justice, It has deep base of establishment in civil procedural law, and it also has some certain application conditions. Its content involves litigant, other litigation participator and court, mainly reflects in the restriction of litigants＇ procedural right. Through judge＇s discretion, good faith makes dualistic function as behavioral and judicial standard in order to compensate the inherent shortcomings of formulated law.