随着整个社会对诚实信用的渴求,在民事诉讼法律界也出现了是否应在民事诉讼法中确立诚实信用原则的激烈争议。一切的法律制度的移植都必须与一国的国情相适应,我国既没有平等、自由的思想渊源,又缺乏法治文化传统,现行的诉讼结构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,确立诚实信用原则缺乏法理基础和现实基础,我国不宜贸然确立诚实信用原则。 With the thirst for honesty and credit in the entire society, there has also been a heated debate in the civil law circles on whether the principle of good faith should be established in the Civil Procedure Law. All legal systems must be transplanted to adapt to the national conditions of a country. China has neither an equal and free source of ideas nor a culture of law and order. The current litigation structure has not yet reached the level of the parties involved. The parties’ disposition and debate When the security of rights is not satisfactory, establishing the principle of good faith lacks a legal basis and a realistic basis. Our country should not rush to establish the principle of good faith.