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Research On The Puzzling Questions Of Perjury

Posted on:2012-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y XiaoFull Text:PDF
GTID:2166330338995635Subject:Law
Abstract/Summary:PDF Full Text Request
Perjury is very important in the crime of obstruction of justice. Domestic and foreign legislative acts of perjury have been severely restricted. However, different countries and regions are not the same as the provisions of perjury, China is in the law of the perfect stage, and there are many inadequate provisions for perjury. For the academic understanding of the Crime of perjury, there are still some controversies. A direct impact on the judicial practice is the cognizance of perjury. I hope that through the comparison of perjury and analysis of difficult problems, the understanding and practice of perjury is more scientific, to better safeguard national normal judicial activities and protecting the legitimate rights and interests.I think that the object of perjury should be defined as "the impartiality of criminal justice. Perjury should not be extended to civil and administrative litigation. The target of perjury crime should be judicial authority. We should judge false statements by"compromise". The man did not know the fact can be the witness. The key criterion of defendant can become a witness, is not the trial procedure whether the same, but should see the defendant in a joint offence. Recorder as one of the subject of perjury is inappropriate. Whether the victim can become the subject of perjury, we need to distinguish between cases of private prosecution and public prosecution. One statement over can be regard as the accomplishment of perjury. The criminal suspects and defendants instigate the witnesses and expert witnesses, translators and recorders do not constitute perjury in principle, but it also cannot be absolutes.
Keywords/Search Tags:Perjury crime, Judicial activities, Witness, False statements
PDF Full Text Request
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