摘要
当前,由于立法规范与司法做法的欠缺,我国在诉讼秩序中存在诸多问题,主要有三个方面问题;即审判权与诉讼权的滥用;虚假与规避法律等妨害诉讼的行为;瑕疵诉讼行为与审判行为。由此它危害了司法权威,影响诉讼的公正与效率。如何建立良好的民事诉讼程序,是当前民事诉讼改革的必须关注的问题。因此,把诚实信用引入民事诉讼进行深入的法理分析,提出其根本原因是为克服法律的局限性和改进法律并提出正视诚信原则的问题,将其定位为法律化的道德规范,认为诚信原则与其他基本原则在地位上是平等的。诚信原则进入我国民事诉讼,应服务于公正效率的诉讼与司法价值,并应确立相关价值。
Currently, due to the defects in legislative norms and judicial administration, there are many problems affecting lawsuit orders, judicial authority, the fairness and efficiency of legal actions, which can be shown in three aspects: abuses of judicial authority and litigation rights, actions to intervene litigations such as judicial actions featuring falseness, lawdogging, etc., and the defective lawsuits and trials. Therefore, how to establish a sound legal process for civil cases must be drawn attention in current civil lawsuit reforms. This paper undertakes a profound analysis of the introduction of honesty and credit into civil lawsuit from the perspective of legal principles, suggests that this introduction is to overcome some limitations in law and improve the soundness of relative laws, and further holds that we should take the principle of good faith seriously that ought to be positioned to legally moral norm and upgrade it equally with other basic principles. So the principle of good faith should service for a fair and efficient judicial actions and values, and form its own value after its introduction into our civil lawsuit.
出处
《学术交流》
北大核心
2003年第9期32-38,共7页
Academic Exchange
关键词
诚信
民诉
秩序
保障
honesty and credit, civil litigations, order, security
