On The False Evidence Of Civil Action And Its Precaution

The false evidence is a serious dishonesty in the field of civil litigation in recent years,which has caused great damage to the legitimate rights and interests of the parties and the third party,and the justice of the society,which has contributed to the flooding of false civil litigation.At present,the research on the behavior of dishonesty in civil litigation focuses on the more "false civil litigation" level,and the research on the false evidence of "civil action"(hereinafter referred to as"false evidence")is less,and the only research result is Based on the traditional classification,the causes and solutions of the perjury problem are analyzed from the perspectives of perjury legislation and judicature.This article is divided into four parts of the "false evidence" to study.The first part of the concept,characteristics,hazards,regulatory significance of the point of view.Only the qualitative and accurate,in order to carry out effective prevention;the second part of the type of analysis,in the traditional academic classification based on the addition of two categories,through classification analysis,"false evidence" have a more profound understanding;Genetic analysis,the causes are divided into the source factors and governance factors,as the follow-up prevention work pointed out the direction;the fourth part of the preventive measures were systematically elaborated.That is,the establishment of systematic,systematic multi-dimensional "false evidence"to prevent the system to "before Litigation ","Litigation process"," Outside of litigation" For the dimension of time and space,"legislation","justice","social" Dimensional,to form a "pre-action legislation to prevent"," In the judicial prevention","out of society to prevent" comprehensive prevention system to ensure the effective development of false evidence prevention work.Compared with the existing theoretical research results,this paper has the following highlights:First,in the definition,abandon the traditional "forged behavior",qualitative as "not objectively evidence",in line with the judicial review of the work logic;There are evidence rules can not meet the needs of false civil litigation evidence review,proposed the establishment of a separate "false civil litigation" evidence certification rules;third is to "false evidence" to prevent the work of the concept of systematic,rather than "headache,The fifth is to propose a "flexible choice of false evidence to identify the path" proposal to prevent the judiciary in the rebuttal of the evidence to prove the weak situation of the case of "false",the "false evidence loss system"Evidence "did not dare to identify,had to take the laissez-faire situation to ensure that" false evidence "to prevent efforts.The research methods of this paper include "qualitative analysis","case analysis","analysis of comprehensive law" and "system approach."...