对民事诉讼诚实信用原则的反思与批判

Rethinking and Criticizing Good Faith Doctrine in Civil Proceedings

诚实信用原则能否作为民事诉讼的基本原则一直是理论界激烈争论的问题。以民事诉讼基本原则的基本特征为基点,以民法和民事诉讼法的区别为根据,针对理论界将诚实信用原则作为民事诉讼基本原则的观点,提出作为私法领域的"帝王规则"的诚实信用原则不宜作为民事诉讼的基本原则。

Whether good faith doctrine is the basic principle in civil proceedings is the question that has being debated in the theoretical field. Through laying the essential features of the basic principles in civil proceedings and the difference of civil law and civil proceedings law as the foundations and aiming at the standpoint that good faith doctrine is the basic principle in civil proceedings. The article is put forward a viewpoint that good faith doctrine regarded as the king clause in private law is not an basic principle in civil proceedings.