质疑诚实信用原则在我国民事诉讼法中的确立

随着整个社会对诚实信用的呼唤,在民事诉讼中确立诚实信用原则也成了民事诉讼法律界一致的呼声.但对当事人来说,中国目前的诉讼构造似乎还没有达到当事人主导的程度,当事人的处分权和辩论权保障还不如人意时,建立诚实信用原则是缺乏基础的.这一点从我国的法治环境,其确立的法理基础,民事诉讼自身运行的特点以及与民法的比较分析等多角度也可以看出,而且此原则也不适合统率整个民事诉讼本身的运行.

Query the Establishment of Good Faith In Our Country''''s Civil Procedure

By the call of the whole society to the good faith,there is the unanimous voice of the establishment of good faith in our country's civil procedure at present.But to the party,Chinese present lawsuit structure seems not to reach party's leading intensity yet.It lacks the foundation to set up good faith principle when the party's right of disposal and argument were not ensured as good as the people's will.These can be made out by the analysis of the environment governed by law of our country,legal principle foundation that it is established,characteristic of civil procedure itself and the comparative analysis of the civil law,etc.And this principle is unsuitable to command the operation of the whole civil procedure