民事诉讼法确立诚实信用原则的法律思考

诚实信用原则不仅是各国民法公认的“帝王条款”,而且随着其内涵和适用范围的不断丰富和扩大,已成为一项涵盖公、私法域的世界性法律原则。在我国,由于民事诉讼法中未确立诚实信用原则及相关法律规则不完善,导致大量的道德危险行为的出现,而得不到有效的控制和避防。本文对民事诉讼法引入诚实信用原则的理论和实践依据进行了论证,并提出了相应的立法思路。笔者认为,在民事诉讼中确立诚实信用原则既是与国际司法接轨的必然选择,也是实践和协调以法治国和以德治国的治国方略的一个很好的结合点和突破口。

On the Principle of Honesty and Trustworthiness to be Established in the Civil Lawsuits

The principle of honesty and trustworthiness is not only "the king's Item". Recognized by civil law of all the countries in the world, but it is also the international law principle contained in both public and private laws as its connotation and range applied extend constantly. But in our country, this principle is not established in our civil lawsuits and the concerning lawful items are imperfect. This leads to a great deal of morally dangerous actions that cannot be controlled or prevented effectively. This thesis proves the theory, with practical basis, that the principle of honesty and trustworthiness should be contained in the civil lawsuits. It also proposes some legislative ideas. The author thinks that it is necessary to establish such a principle in our civil lawsuits in order to keep in step with the international judicature and that this is the very joint and the very point of penetration to practice and coordinate the administrative plans of running a country lawfully and morally.