论第三人撤销之诉制度中的诚实信用原则

The Principle of Honesty and Credibility in Third-party Withdraw Litigation

诚实信用原则不仅作为一项民法原则,长久以来得到了广泛的认可与遵守,在民事诉讼程序法中也依然有用武之地。本文旨在从诚实信用角度讨论第三人撤销之诉制度的独立价值,结合我国新修订的《中华人民共和国民事诉讼法》司法解释中规定的第三人撤销之诉的相关内容,论述在第三人撤销之诉中贯彻诚实信用原则的必要性和现实性,并对于如何更好地构建第三人撤销之诉制度从诚实信用角度给出完善建议。

As a basic principle of civil law, the principle of honesty and credibility has been widely com- plied for a long time, while it also plays an important role in the civil procedure law. This paper discusses the independent value of the third party withdraw litigation from the angle of honesty and credibility. And we combine the relevant clauses on the third party withdraw litigation of the ＂PRC Civil Procedure Law＂ which was latest revised. This paper discusses the necessity and the practice to carry out the principle of honesty and credibility in the third party withdraw litigation. By giving some constructive suggestions, this paper aims to improve the third party withdraw litigation more perfectly.