Font Size: a A A

Research On The Consequence Of Civil Perjury In Civil Procedure

Posted on:2013-12-23Degree:MasterType:Thesis
Country:ChinaCandidate:L L DuanFull Text:PDF
GTID:2246330395451943Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Perjury is usually understood to be telling lies, making false statements,false evidence, but also often in criminal proceedings. In civil proceedingsare always signored, forgotten. But caused by the act of perjury in civilproceedings against the results but not be ignored, forgotten. It interfereswith the normal order of civil litigation, litigation delay time, damage thejudicial authority, a waste of judicial resources, eventually leading to unjustjudges, affecting the legitimate interests of the parties.According to China’s current "Civil Law" stipulates that the parties inthe implementation of the Civil Procedure Law provides that only thebehavior can be punished, and can only be handled in accordance withobstruction of civil, criminal law on perjury and perjury in civil actionsprecludes the application of. At the same time, punitive and intensity butalso very limited, and the intensity is not a single way, which greatlyaffected the behavior of the civil perjury role in the prevention andpunishment, there is a loophole in legislation can not be said. In the interestsof the parties for the damage, the current legislation is not perfect, basicallythere is nothing to make up for this we have to focus on this sound. Thispaper is intended to constitute perjury by elements of the civil resolution, aclear definition of acts of civil perjury made in order to be found in practice;Analysis of the classification of civil erjury, perjury in civil actions fordifferent penalties for different ways; central part of the article is the legalconsequences of acts of perjury designed to investigate the way, such as theestablishment of a civil perjury, perjury and other compensation system,through different point of view, to study different situations, and strive toachieve for each perjury can have a basis for accountability, and ultimately,to show complete system, but also to protect the legitimate rights of theparties to maintain the Court’s judicial authority.At present, the comparison principle of law, relatively poor operational practice, has been unable to meet the needs of judicial practice. To this end,we need to speed up the legislative design of civil perjury, as soon aspossible in the future of civil process, the examination of the conduct of civilperjury, identification and punishment into the entire civil process.
Keywords/Search Tags:Civil Perjury, Elements, Classification
PDF Full Text Request
Related items