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诚实信用原则确立以来,已经成为程序法与实体法相交融的共通原则。在民事诉讼中应用诚实信用原则,能够惩治当事人滥用权利、恶意损害他人利益等行为。但在司法实践中,对于诚实信用原则能否适用于除当事人以外的法官、其他诉讼参与人等主体,以及能否在诉讼的其他环节适用也存在混乱。因此,有必要就民事诉讼中诚实信用原则的法律适用进行梳理。
Since the establishment of the principle of good faith, it has become a common principle that the procedural law and the substantive law are compatible. Applying the principle of honesty and credibility in civil litigation can punish the parties for abuse of their rights and malicious damage to others’ interests. However, in judicial practice, there is confusion about whether the principle of good faith can be applied to other subjects, such as judges other than litigants and other litigants, and whether it can be applied in other aspects of litigation. Therefore, it is necessary to sort out the legal application of the principle of good faith in civil litigation.