Study On Reservation Or Revocation Of Article 306 Of Criminal Law

In recent years, the discussions about the abolition of the Article 306 of Criminal Law is ongoing. And the opinions are quite different in every aspects of the society. Furthermore, people who support the retention of Article 306 are opposed to those who call for the abolition of Article 306. Both have sufficient evidences and reasons, making it difficult to make a conclusion. The author attempts to analyze and evaluate both perspectives, seeking the areas that are imperative to improve and offering a proposal, in order to contribute to the solution of this difficult problem.This document is divided into three parts. The first is to inspect on the legislation of the "lawyer's perjury" at home and abroad by analyzing the differences and learning from the advanced foreign experience. The aim is to discard the dross and select the essence. Moreover, by means of elaborating the legislative background and crime constitution of the Article 306, the author gives a deeper understanding and analysis of the provision.The second part is to start from the current situation of the justice and describe the situation of the application of Article 306 in practice. Through specific introduction about the views of retention and disposal, the author explains the main arguments of the two groups and express the view point of his own that the provision should be improved.In the third part, the author sets out his views for the provision, starting from a different point of view of the inadequacy of the provision, so as to highlight the necessity of improvement of the Article 306. Then on the basis of the procedural and substantive law, the author suggests specific proposal and summarized to provide a reference to the legislators.