The Regulation Of The Truth Obligation To Behavior In Civil Procedure

The adversarial ingredients have been obviously increased along with the reform of the civil trial system, and the principle of the Truth Obligation hasn't been provided in the civil procedural law. Those result in the parties, in order to gain lawless benefits, striking the opponents by all legal or illegal means, such as making up a suit, abusing the procedural rights, perjuring a witness and so on. The judicial justice has been injured. By way of comparative study, this thesis makes research on the principle of the Truth Obligation in the external legislation, and raises that the principle of the Truth Obligation should be established in Chinese civil procedure law system .With the establishment of the punishment mechanism in both of procedure and material law and the improvement of system relate to the principle of Truth Obligation , the procedure subjects can be lead to equal adversary. All of these can regulate the procedural behavior of parties and other participants in order to realize the judicial justice. In this article, the topic is expounded in five parties: raise of the problem and analysis of the conception , the scope of the Truth Obligation application, the typical research of the Truth Obligation ,the status and defect of the provision about the principle of the Truth Obligation, and the assumption of the establishment of the principle.