Research On Several Questions Of Perjury

As stipulated in the Article305of the Criminal Law, the crime of perjury in ourcountry’s criminal law refers that a witness, expert witness, recorder or interpreter who, in thecourse of criminal procedures, intentionally gives a false evidence or makes a false expertevaluation, record or interpretation concerning circumstances that bear an important relationto a case, for the purpose of framing another person or concealing criminal evidence. Theperjury is one of the crimes frequently seen in the criminal laws at all times and in all over theworld, and is of serious harm to the society. The act of perjury impairs the procedures ofjudicatory activities of the state and damages the judicial authority, which is always a focusbeaten by laws in judicial practices. However, due to insufficiency in legislation, there is quitemuch dispute among academic circle on the composition elements of the crime of perjury,which directly affected the identification of crime in judicial practices. Therefore, it is of greatrealistic sense to probe into the problems and identification of crime of the perjury. Theauthor intends to facilitate the scientificalness in the interpretation and practice on the crimeof perjury through comparison and analysis of various perjury related problems, and thus tobetter protect the normal judicatory activities of the state and the lawful interests of thepersons involved.The essay started with the evolution of the legislation of the crime of perjury, andanalyzed the historical origination and development of the perjury in our country and theperjury related regulations of the state after liberation of the country. And then researched andanalyzed the composition of the crime of perjury, analyzed the difficult and disputableproblems concerning perjury in consideration of criminal subjects, subjective aspects,objective aspects and criminal objects, summarized various views from the academic circle,and put forward own opinions through analysis. For example, the essay defined the criminalsubject of perjury, analyzed whether organizations, victims and recorders can be treated ascriminal subjects, analyzed the “complex object” and “single object” concepts concerning thecriminal object of perjury, and discussed the sin form, subjective purpose, and action type ofperjury. At the end, the essay discussed the different between perjury and other similar crimes,expatiated the stopped pattern of perjury, with the aim to promoting the effective operation of legal procedures on this type of crimes, penalizing criminal activities and protecting thestability of jurisdiction.