Study On The Perjury

The Perjury was regarded as a crime long time ago.It is also stipulated into the modern criminal law of the states around the world,so does China.However,people still have plenty of disagreements and even disputes about this issue due to the stipulations or the statutory expressions of this crime which are not scientific enough. That's why it is necessary to do a research on this subject.This article is divided into three parts,namely introduction,main part and the conclusion.Through the theoretic and practical analysis to the current legislations of the Perjury,the author finally puts forwards the suggestions to perfect the legislation of the Perjury.The main part of this article has four chapters.Chapter One is the historical research on the Perjury.Through the review to the history of Perjury home and aboard,we acquire the origin of Perjury and the punishment basis of the Perjury during different historical periods.Comparing the differences and similarities of the Perjury home and aboard,we also acquire the different legislations of Perjury under different backgrounds which may be used as a reference for the legislation of our state.Chapter Two is the research on the composition of crime about the Perjury.In this chapter,through the analysis to the constitutive elements of crime about the Perjury,some disputes and disagreements on the theory and the practice of the Perjury is clarified.The author holds that the Perjury violates the single criminal object,i.e. the criminal justice activities of the state;The false testimony in the Perjury shall be interpreted as the inconsistence between the statement of a witness and the fact in his/her memory,The Perjury can only be conducted with feasance;As to the subject of the Perjury,the author suggests that the range of witness could be re-interpreted, namely to adopt the concept of witness in larger scope,that is to say,to include the victim into the scope of the witness.Chapter Three is the differences between the Perjury and the related crimes.This chapter mainly demonstrates the differences and similarities between the Perjury and related crimes about evidence as well as the differences and similarities among the Perjury,the Harbor Crime and the Crime of Malicious Accusation in order to provide more help for the practice and enforcement of criminal justice.Chapter Four is the legislative suggestions about the Perjury.In this chapter,on the basis of aforementioned discussion and analysis,the author puts forwards the suggestions on how to perfect the Perjury.The author especially suggests to cancel the stipulations on the Perjury of the Lawyer and the Harbor Crime and to add another crime,i.e.the Crime of Assume the Person of the Offender.