Study On The Subject Of The Crime Of Perjury

Perjury crime has a long history in our country, we have relevant records as early as in the Shang and Zhou dynasties, and it has been clearly defined till the Tang Dynasty and continues today. The theories about this crime got great development. But there are still some problems, which affect the scientific nature of the crime, and also affect the judicial practice. In these problems, the legislation of the subject of perjury crime has evident differences between our country and foreign countries. Therefore, the author selects the subject of the crime of perjury as the object of study, propose the following four questions:the victim can become the subject of the crime of perjury or not, who recorded whether it should be excluded from the subject of crime of perjury, will be sworn in as related to the subject of breaking was the subject of the crime of perjury limited conditions and the subject of perjury crime should include a close relative of the suspect or not. On the basis of my studying on the previous data, this paper analyzes the problems, briefly lists the different views of the academic community, and puts forward the author’s own analysis and suggestions. The final conclusion that the paper achieve is as follows:in the light of the different victims of different categories of cases, should make different provisions:the case of private prosecution, the victim belongs to the subject of perjury, in the case of public prosecution, the victim should not be false statements as perjury behavior; while recording people should not be the subject of the crime of perjury, if the recorder made a false record, if the circumstances are serious, should be in accordance with the crime of helping to destroy and forge evidence; the author also suggests that we should draw lessons from the oath system and continue to use our accept and hide system in our history, that is, we can set the oath system before witness, appraiser, translators make their testimony, expert opinion and translation results, and regulate this system as the prerequisite for committing perjury, and make the close relatives of the suspect out of the subject of the crime of perjury.