Civil Lawsuit False Witness Regulation Research

In the judicial practice, the main body of the false testimony is not only include witnesses, expert witnesses also has the possibility of false testimony, but the testimony of witnesses is exist in the proceedings of a kind of important form of evidence, often play such as material evidence, documentary evidence and other evidence forms that are not important, therefore, this paper discusses the false testimony at the witness false testimony. In a market economy development, the personal rights and interests protection consciousness enhancement of social background, in the judicial practice, false witnesses to testify question also inevitable existence, social trust crisis of the environment, as well as the witness of their own emotions, benefit factors lead to witness the phenomenon of false testimony to emerge in endlessly, however our country for the legal liability provisions of the civil lawsuit false testimony is not very clear. False testimony problem, so the research civil lawsuit is the social legal environment is fairer, and safeguard judicial justice, to carry out the performance of the rule of law spirit. Papers to social awareness higher practical case as an example to discuss, in order to provide perfect civil litigation false witnesses to testify question with some Suggestions.By analyzing the events of Anhui University Students help the elderly, the false testimony of a witness in a civil action in the judicial practice problems are mainly concentrated in the review mechanism, acts of punishment, relief of the injured party, and several other aspects. After we learn from other scholars’ research and analysis of relevant legislation in the two legal systems, and are reference for regulation of the false testimony of a witness in civil proposals. Paper is divided into four chapters:The first chapter is the introduction of the relevant circumstances of the contents of this paper gives a brief introduction, this section including source of meaning and research topics, as well as research methods, etc., this part mainly expounded China’s current judicial practice of witness false testimony should not be ignored, however, the issue of legislation for no measures to improve the system of regulation, in a timely and effective regulation of the Civil Procedure false witnesses to testify without delay.The second chapter is an overview of civil litigation false testimony. This section first finding of false testimony related interpretation of the definition of the concept of false testimony in our country do not have a precise definition of uniform and qualitative behavior for false testimony, some scholars claim is consistent with false positive as a witness. Then the false testimony root causes were analyzed from both internal and external factors analyzed, false witnesses have testified in fear of reprisals from the others, the other will inconvenience themselves economically, plus interest of mixed ways of the world, lead to more false witnesses to testify occur. Most of China’s judicial practice in the witness does not testify, but also led to the occurrence of false testimony. Witnesses are often challenged as economic reasons, and to avoid emotional factors, while the use of written testimony in lieu of court. After false testimony in civil litigation hazards are introduced. Analysis of Anhui University Students and interspersed help elderly event more vividly prominent civil complaint for false testimony not only harm the interests of the parties to the case for visually bring harm, the trial judge is also the case for some harm, let alone bring order to social justice the hazards.The third chapter is introduced by the analysis of Anhui University Students help elderly events, analysis of the measures currently taken by the judicial practice, as well as the existence of the punishment mechanism is imperfect, damaged the rights and interests of the neglect of relief, as well as review of the evidence imperfect, is not complete and other issues.The fourth chapter is divided into two sections, the first is the Two false testimony in legal regulation are introduced, analysis, civil law countries for false testimony few restrictions occur in criminal proceedings, civil action or criminal proceedings the false testimony just two different kinds of behavior from punishment, and false testimony to one limit lawsuits. Common law countries for false testimony roughly into two problems: one is to develop a unified code of evidence, and the other is to develop specialized Evidence Code. Through the introduction of two legal systems, analysis, thereby combining the concrete realities of China, and provide a reference for the regulation of civil litigation false testimony.Section II Legal Regulation of Civil Procedure recommendations false testimony. After the analysis of the current problems in the judicial practice, as well as relevant laws and regulations of the two legal systems, the author put forward some suggestions for the practice of legal regulation of false testimony. First, from the social environment speaks to establish a sound social credit system for effective regulation of the problem of false testimony, is useful role in promoting. You can witness the proceedings and the integrity of the combination, drawing outside the national system for the witnesses to testify under oath, and to strengthen when witnesses testify for the solemn act of a deeper understanding of Civil Procedure, the law of faith more firmly. Secondly, to improve the appearance of witnesses system, strengthen the legal constraints on the witnesses to testify, can effectively curb the behavior of generating false testimony, false witnesses testified produce psychological pressure. And then also to improve the review of witness testimony, examine evidence is an essential part of the litigation process, judges should review the use of scientific method to examine the testimony of witnesses, and to examine the source of testimony, examine evidence comprehensively. Finally, to establish a strict legal punishment accountability mechanisms to strengthen the fight against false testimony and penalties can increase penalties economically, so that false witnesses to testify cost increases, thereby increasing the difficulty of false testimony. For serious cases may also be the case of false testimony bad behavior, the implementation of criminal penalties and greater weight increased regulation of false testimony. You can also use the system of compensation false testimony, false testimony of a witness to prevent the purpose of allowing the party affected by the loss of false testimony by witnesses claim damage compensation system for damages.