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Research On The True Statements Obligation Of The Parties In Civil Procedure Law

Posted on:2017-03-28Degree:MasterType:Thesis
Country:ChinaCandidate:S N QiFull Text:PDF
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The principle of good faith belongs to the concept of substantive law on private law.In order to adapt to the rapid change of the society and the complex needs,on the private substantive law,it forms a law concept of expository jurisprudence reflecting the general view of ethics on general clause.The legislative clause of German code of Civil Procedure clarify the obligation of true statements,on this basis,the German theory focuses on this principle is very active.In addition,the changes of each litigation conception and the changes of litigation itself that penetrate in civil litigation make the principle of good faith independent from civil law.The civil litigation as the method of national public power intervening in civil dispute is generally considered to be processed fairly.With legal consciousness enhancement and the sharp increase in the number of civil litigation,the capacity to action of subjects in litigation has a great distance,additionally the development of the bar,cause overly aggressive litigation activities of both parties,what's more,using the so-called litigation skills to distort the objective facts happen occasionally.Facing with the temptation of interests,the moral consciousness is difficult to control,so the priciple of good faith in the civil procedural law is getting more attention by the legislators around the world.The amendment of our country's civil procedure law in 2012 add the clause of the principle of good faith which should be observed in civil procedure.Hereto the principle of good faith as the basic principle of the civil procedure is established in the form of legislation.This makes the dispute settled in theory and practice field.However,the application of the principle has certain limitations.In order to further combat and punish the fraud litigation,article 112 of the civil procedure law increases the regulation that where the parties collude with each other viciously and attempt to escape from debts or misappropriate the property of another person by means of litigation or intermediation,the people's court shall deney their request and acoording to the seriousness of the circumstances impose a fine upon or detain them.In Amendment(?)to the Criminal Law of the People's Republic of China also stipulate that the fraud litigation cause serious consequnces should bear the criminal responsibility.As to the parties that have no collusion with each other neither to misappropriate the property of another person or only make false statement,the civil prosedure law of our country have no clear rules to deal the above situation.But in civil proceedings,this kind of cases abound and are far more than pure fraud litigation.This behavior causes waste of judicial resources,affecting the justice and efficiency of the judgement,and destroying the judicial credibility.Given this,the Interpretation of the Supreme People's Court on Certain Issues Concerning Application of the Civil Procedure Law of the People's Republic of China stipulates the litigant enquiry rule.Thus some scholars have asserted that this interpretation marks the obligation of true statements has been formalized.However,whether the litigant enquiry rule make a real difference in the obligation of parties' true statements is still debatable.The destination of the discussion of the true statement obligation is to take an accurate understanding of its connotation,nature and necessity.Through comparing the legislation between China and some other countries,I will analyze the true statements on the parties obligations in civil litigation of our country,and violate the legal consequences,and at the same time points out how to safeguard the true statement obligation better.In brief,the true statement obligation is not the asking in fact.At the same time,I look forward to providing some ideas to the legislation on the true statement obligation in civil litigation of our country in the future.
Keywords/Search Tags:the Civil Procedure, Litigants' Statements, True Statements, False Statements
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