论民事诉讼法中诚实信用原则的确立

On the Establishment of the Principle of Credibility in the Case of the Civil Lawsuits

关于诚实信用原则的适用范围能否成为民事诉讼法的基本原则,理论上的争论早已存在,其中关键在于诚实信用原则是否具备独立价值和意义,以及适合民事诉讼法的土壤能否生存。从三方面阐述并论证诚实信用原则在民事诉讼法中被确立为基本原则的必然性,从而得出:在当代民事诉讼理论及实践的大背景下,确立诚实信用原则具有积极的意义。

Controversy on whether the adaptability scale of the principle of credibility can become the basic principle of the law of civil lawsuits has long existed, and the key of which lies in whether the principle of credibility is of independent value and significance, and in whether it is suitable for the existence of the law of civil lawsuit. Analysis of the necessity of the principle of credibility＇ s being established as the basic principle in the law of civil lawsuit is made from three aspects, and it is concluded that the establishment of the principle of credibility in the law of civil lawsuits is of positive significance against the macro background of the the contemporary civil lawsuit theory and practice.