Study On Litigant's Truthful Obligation In Civil Procedure

The system of litigant's truthfulness is one of the theoretic and practical results in the civil procedure of the civil law system. Truthful obligation limit the parties manage litigation datum freely, the statute no longer endorse parties'right to fix fact when they represent unification. If the court think the parties conduct false represent, the court could find case's truth bases on it's function and power. Because of it's important status and meaning in civil law system. Accordly, this rule has been concerned by theoretic and practical group of our country. But the background of introduce truthful obligation to our country different to it's generate background in civil law system. At present, the innovate direction of civil procedure of China is to transite to the parties control system, emphasis the neutral of the court, weaking the authority of judge, strengthen the procedural protection of parties'litigation rights. So the author analysis and research truthful obligation from historical aspect, combine with the reality of civil procedure of China, and based on the existing statute of civil procedure of our country, and discuss how to apply this in China civil procedure.The thesis contains four parts:The first part is the derivation and evolution of litigant's truthful obligation. In ancient Roman period, the litigant's truthful obligation had already in statutory law and if violate this obligation render disadvantage legal consequences accordingly. However, in classical adversary system period, the plaintiff's truthful obligation only have moral binding force. The anthor analysis the classcal adversary system's derivation and it's defect, the introspection to the individualism and liberalism lead to the establishment of the social civil procedure and collaborative system. The parties'truthful obligation will from moral obligation transite to legal obligation.The seeond prart is truthful obligation's meaning and the relationship with relevant rules. Truthful obligation was proscribed in amended《German civil procedure》in 1933. But the scholars have difference defination about truthful obligation's and it's applicable scope. The thesis thinks, the connotation of parties' truthful obligation indude: (1) truthful obligation's subject includes parties and it's agent,auxiliary agent and legal conselor (attoney);(2)performance stage not only include oral hearing, but also applicate to record and written procedure. This obligation not only exist in the whole justice proceedings from sue to adjudication, but also exist in procedure for execution, counterappeal procedure, procedure for hastening debt recovery and procedure for litigation fee assistance. (3) truthful obligation not only is a kind of burden, but also is an real litigious obligation. Parties should fulfill this obligation justficable and honestly. It can not be exempted because of it's disadvantaged legal consequences when plaintiff honestly represent.The third part discuss the necessary and feasiblity of establishment of truthful obligation in civil procedure. The vale and goal of civil procedure is it's efficiency and fairness, truthful obligation could improve preceeding's efficiency and realize substantive justice. Truthful obligation should be legalized in civil procedure and prescribe corresponding legal consequences. Only this, can efficiently improve realization of targets and value of civil procedure.The forth part discuss the designation of truthful obligation. To begain with, should establish the principle of good faith. Secondly, parties performance truthful obligation include action, defence, trail and execute stage etc. Except from the case concerned with public intrest, individual private and business secret. Thirdly, make clear and specific requirment, and stipulate legal consequences accordingly. Last, in order to prevent rule invalidation and misused by parties, must establish the safeguard mechanism accordingly.