The Theory Of The Parties’ Truth Obiligation In German Civil Procedure And The Revelution To Our Country

The truth obiligation of the parties mainly probes that whether the parties should lying inthe civil procedure and whether they are obliged to tell the truth harmful to them.InGermany,the discussion of parties’truth obiligation honored by the time,existing a number ofcomplexing datas,which can be said one of the most significant and difficult point in thetheory of the civil procedure.In the turn of the century,the discussion’s emphasis is thetensions between the truth obiligation and adversarism,that whether the truth obiligationshould be adopted.But the point has been changed to what’s the meaning of the truth in theobiligation of the parties,it’s scope of limitation and violation effect,and clarifying therelationship between the full obligations and the adversarism.In our country, The truthobiligation of the parties hasn’t been expressly provided in the Civil Procedure Law.And thereis short of discussion in the academic range.What is worse, most scholars don’t think that thetruth obiligation of the parties is effective,which is very different withgermanscholars.According to the special value and siginificance,it is necessary to enhancelearning the truth obiligation of the parties,researching and revert its location in the CivilProcedure Law.The methords of literature analysis,historical survey,comparative analysis,functionalanalysis are adopted,by considering the truth obiligation’s history,developmentprocess,content and the boundary of debating in German Civil Procedure,combining thelegislative and judical status,proposes the necessity and measures of the truth obiligation inour country.The article has four parts. The truth obiligation has been discussed in whole in the partone,including its history,legal basis and content,both in transverse and longitudinal.Afterthis,learned its content has two sides and some difficulties in its appliance,so focus on thoseissues in the part two.Since the truth obiligation has been provided expressly in the German civil procedurelaw,conflicting with the previous systems in civil procedure law,obviously with debatingprinciple,so how to deal with these relationship to guarantee them function well was beendiscussed.Stones from other hills may serve to polish jade,so the part four focused on thesystem constructon of our country. On the basis of legislative and judical status in ourcountry,proposed the specific measures of the truth obiligation in our country.