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针对《修正案(草案)》的具体条文,按照先后顺序,特提出以下意见:1.《修正案(草案)》第12条第1款后,建议增加第2款:“人民法院应当在当事人辩论的基础上认定事实并作出裁判。”2.《修正案(草案)》第14条,建议条文中不写检察监督的具体方式,改为“人民检察院有权对民事诉讼实行法律监督”。具体方式放在相应的程序中规定即可。3.建议删除《修正案(草案)》第15条。作为诉讼的基本原则,应当对诉讼有指导意义,但这条几乎与诉讼无关,“支持”很空,没有操作性,写在法典中多余。4.建议增加规定诚实信用原则。无论从理论上还是从民诉法的完善上都有必要规定这一原则,其意义一是大力倡导所有参与民事诉讼的主体诚信诉讼,营
According to the specific provisions of the Amendment (Draft), we put forward the following opinions in the order of priority: 1. After the first paragraph of Article 12 of the Draft Amendment, we propose to add the second paragraph: “The People’s Court should The parties to the debate on the basis of the facts and make a decision. ”2“ Amendment (Draft) ”Article 14, the proposed text does not write the specific way of prosecutorial supervision, to read“ People’s Procuratorate has the power to enforce the law in civil proceedings Supervision ”. Specific ways on the provisions of the corresponding procedures can be. 3. It is proposed to delete article 15 of the Amendment (Draft). As the basic principle of lawsuit, it should be instructive to the lawsuit. However, it is almost irrelevant to the lawsuit. It is empty, unenforceable and unnecessary to write in the law. 4. It is proposed to increase the principle of providing good faith. It is necessary to stipulate this principle both theoretically and from the civil procedure law. The first is that it advocates the principle of good faith litigation of all parties involved in civil litigation