Research On The Difficult Problem Of Perjury

Since the foundation of The People's Republic of China, the legislation for Perjury has been revised for several times, and becomes perfect. The biggest difference between Criminal Law of 1997 and 1979 is that the crime of Perjury is categorized from"the crime of infringement of the rights of citizens"to"the crime against judicial authority". At the same time, academic research about it is more and more deeper. It is also stipulated into the modern criminal law of the states around the world. However, because of the complexity and multiplicity of the modern economic life, in addition to our shortcoming of legal technique and the lack of law related, the present criminal law involves the Perjury that can not meet the actual demand. It manifests in four ways, the omission of legislation in constitution, illegality, responsibility, the scope of time and space. People still have plenty of disagreements and even disputes about this issue. The correct definition and explanation have a close bearing on the execution of criminal jurisdiction. So, this article is very important in the theory circle and the practice circle.This article is divided into three Parts,namely introduction, main part and the conclusion.Introduction part: the author brings up some questions about this crime.Main part including four aspects: the theoretical basis, the differences and similarities of the Perjury home and aboard, the omission of legislation and how to perfect it. At first, the article analyses the reasons to punish it. In this part, the author starts from the knowledge about jurisdiction, and comes to the conclusion that judicial authority is the basis of jurisdiction. Then, this article discusses the stipulation about it and finds the differences between these states and us. At last, the author points out the omission in legislation. For example, The definition of subject scope of perjury, whether negative act is included in perjury practice, how to define"false",how to define scope of time and space of this crime, whether oblique intent crime is included in this crime , then this article gives some suggestions about perjury.Conclusion: the author summarizes the main content above.