Analysis Of The Case Of The Victim's False Statements

The testimony of victim is important evidence in criminal procedure. It is not only the starting point in finding out crimes, but the major source of evidence in identifying the criminal suspect and in deciding crime or non-crime of the accused. Generally speaking, the victim is more true statement, specific. However, as the statement of the people, truth and falsity are often co-existing. In our judicial practice, however, on collecting evidence by the judiciary, the victim, for various reasons, makes false statements to the objective facts, Some of the suspects in order to increase the penalties for crimes to exaggerate the facts, and some suspect due to the inducement, threats and other elements of perjury as an offense to try to escape criminal prosecution. Their behavior seriously interferes with the criminal process proof, impedes the normal activities of the judiciary, in some cases also resulted in serious consequences, or even result in miscarriages of justice, thus producing very bad influences in the society. However, for such acts to qualitative, in terms of judicial practice of China's criminal theories or standards are not uniform. Some are considered to be perjury, Others considered to be the crime of harboring criminals,crime of false accusation,as well as that the victim is not a crime,and so on. It did not form a set of effective mechanisms and proceedings of scientific criterion.This article statement cited the case of Wu and Yang Zhiqiang, Analysis the behavior of Wu and Yang Zhiqiang of the victims in specific cases as a false statement, so Wu and Yang Zhiqiang are victims, not the witnesses, and thus they do not commit perjury. Wu exaggerate the amount of acts of crime victims which do not constitute a false accusation against. According to the reasons for the two victims of false statements, subjective state of mind, the objective behavior, and whether such areas have serious consequences to determine the victim should bear the legal responsibility. Analysis and appraisal by the author, ultimately determined that wu commit Obstruction of Witnessing and Yang zhiqiang commit Perjury. Meanwhile, the author focused on two issues of the case, summarized the situation of victims of several false statements, and submits different countermeasures, false representation of victims of criminal conduct, in order to give advice for the practice to solve such court cases.