The Regulation Of Perjury In Civil Litigation

Perjury is litigation that participants provide false evidence to the court,and effects the judge judging the facts of the case of certification because of the behavior. China's "criminal law" have the provisions of the crime of perjury, in the field of criminal prosecution, perjury behavior subject shall be punished, but in Civil Procedure Act perjury regulation is relatively lacking, only some civil penalties. But actually in Chinese civil lawsuit, the acts of perjury phenomenons occur frequently. They seriously disrupt the action order and impair the legitimate rights and interests of the parties who abide by the law. Therefore, we should control the acts of perjury in civil proceedings effectively.The acts of perjury on civil were analysed in many aspects. Starting with the basic meaning,we discuss the theoretical basis of the existing legal system on the behavior of the regulation of civil perjury insufficiency, and the regulation of civil perjury behavior,and by combining with the legislative provisions in two big legal system of some representative countries, some suggestions to improve the act of perjury in civil litigation are put forward. The article is divided into five parts:The first part is analysing the basic definition of civil perjury, elements.and clear under which circumstances,perjury can be regarded as a behavior of the civil perjury.The second part analyzes the reasons for the behavior of the civil perjury. China's current civil perjury behavior phenomenon emerge in endlessly because of the defects of present laws and regulations of our country deletion, witness, the expert system. So we must perfect the regulation of civil perjury behavior.The third part discusses the theoretical basis of strengthening regulation of civil perjury. The regulation of civil perjury behavior, is not only the requirement of the Civil Procedure Law of the principle of honesty and credit, but also to protect the civil litigation, and maintain the judicial authority.The fourth part, starting with a comparative analysis of provisions of civil perjury behavior at home and abroad.To provide reference help of our system for our country by systematically combing the continental law system and Anglo American law system of countries management acts of perjury of specific measures.The fifth part is regulating the behavior of the civil perjury specific measures, including strengthening civil legal punishment, increasing the penalties for criminal law,and strengthening management of witnesses and experts. Through using the strict punishment measures to prevent and reduce the occurrence of civil perjury behavior.