A Study Of The Interaction Between Perjury And Judicial Proceeding

Perjury is expressly stipulated in criminal substantive law, which happens in criminal procedure, prevents from ascertaining the facts of a case and infringes upon the judicial order; Judicial process for perjury reflects the specific requirements of the criminal procedure law, but the investigation, prosecution and judgment for perjury, is in itself criminal justice activities, so there also might be the possibility of perjury behavior. Analysis of the interactive relationship between perjury and judicial procedure could provide a methodology for the relationship study of criminal substantive law and procedure law, it also plays a positive role on perfecting the relevant perjury provision and promoting the proper implementation of the judicial procedure.From the perspective of interactive relationship between perjury and judicial procedure this paper, by using methods of literature review, comparative analysis, etc., respectively discussed the connotation and extension of perjury and judicial procedure, deeply analyzed To Be and Ought to Be relations between them. Also, combing with the judicial practice, this paper systematically expounds on the perjury and judicial procedure’s problems of inconsistent terms and concepts, uncoordinated proceedings and unreasonable judicial proof, summarizes the theoretical basis of the two to integrate and promote jointly with each other, and advanced the way of favorable interaction realization. This paper includes three parts, the following are details for each parts.Part One mainly analyzed the essential attribute of judicial procedure and perjury. Judicial procedure is the cognitive activities of fact-finding. It is an objective process, as well as a value judging and selecting process. Perjury is criminal behavior by testify against the facts, which harming judicial order and authority. From the Legal History and Comparative Analysis perspective, this part takes interactive relationship of perjury and judicial procedure as entry point, deals with the fragmentation and integration between them.Part Two focuses on the To Be relation of perjury and judicial procedure. By refining the concepts, terms and other basic units included in judicial procedure, this part further analyzes the problems of the two in practice like inconsistent terms and concepts, uncoordinated proceedings and unreasonable judicial proof, and primarily discusses the reality barrier of the interactive relationship.Part Three is about the Ought to Be relation of perjury and judicial procedure. The spiritual value of perjury and judicial procedure agrees a lot with each other on realization of Criminal Law justice, ensuring the objectivity and truth, ensuring the authenticity of the law, and utility & efficiency value, etc, and thus be able to integrate and coordinate mutually. This part puts forward some amending proposal for system rule. And introduces the ideal way to realize the positive interaction, that is, promote procedure law implementation by improving substantive law, and while properly enforce the procedure law to guarantee substantive law effects.