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诚实信用原则跨越私法领域,成为民事诉讼法等公法的基本原则,已基本成为理论界和实务界的共识。2012年我国修订民事诉讼法,于其第13条第1款增加诚实信用原则,规定:民事诉讼应当遵循诚实信用原则。这使得如何深入的认识和准确的适用诚实信用原则成为学者和实务操作者热议的话题。日本将诚实信用原则奉为民事诉讼的基本原则已行之有年,其丰硕的理论研究成果和实践操作经验,成为我们可资借鉴的宝贵资源。本文就日本民事诉讼中的诚实信用原则作出简要的解读,以期能对我国诚实信用原则的完善有所裨益。
The principle of honesty and credit has crossed the area of private law and has become the basic principle of civil law such as civil procedure law. It has basically become the consensus of both theorists and practitioners. In 2012, China amended the Civil Procedure Law and added the principle of good faith in its article 13, paragraph 1, stipulating that civil litigation should follow the principle of good faith. This makes the issue of how to know and apply the principle of good faith in depth has become a hot topic for scholars and practitioners. Japan has regarded the principle of good faith as the basic principle of civil litigation for years. Its rich theoretical research and practical experience have become valuable resources that we can learn from. This article gives a brief account of the principle of good faith in Japan’s civil litigation, with a view to the improvement of the principle of good faith in our country.