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Research On The True Statements Obligation Of The Parties

Posted on:2018-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:Z E ChengFull Text:PDF
GTID:2346330512488486Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
True statements obligation of the parties is a specific institution closely connected with the principle of good faith of Civil Procedural Law.Since the principle of good faith is stipulated in the newly-revised Civil Procedural Law(2012 amendment)for the first time,the analysis towards true statements obligation of the parties is heating up again.As true statements obligation of the parties,in contrast to clear embodiment of foreign legislation,lacks of distinct definition and manifests ambiguity in domestic legislation,it is too difficult to be invoked as an article in specific cases even faced with the surge of malicious prosecution and false lawsuit in legal practices.Therefore,it is imperative to conduct the analysis and construction towards true statements obligation of the parties.Though heated discussion is implemented by domestic scholars with divergent opinions,the focal point is to urge prompt legislation.Hence,proceeding from the concept and connotation of true statements obligation of the parties,the dissertation first defines several behaviors violating the institution,then summarizes and analyzes the embodiment of the institution in current legislation followed by comparative study with foreign legislation and lastly presents perspectives,drawing lessons from foreign legislation,upon institution-building of the institution in light of the situation of domestic legislation and judicature.
Keywords/Search Tags:True statements obligation of the parties, The principle of good faith, False statement, False self-admission
PDF Full Text Request
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