Discussing On The Legal Regulation Of The False Statements Of The Parties In Civil Litigation

At present,the phenomenon of false statements of the parties in judicial practice in our country can be seen,however,the current legislation lacks the explicit provisions about the regulation of false statements of the parties.The principles of good faith in civil litigation in our country has been legalized,it is the first choice for most judges to use the principles of good faith to identify and regulate the false statements of the parties.This paper intends to discuss concept,current situations,causes about the false statements of the parties and the analysis of the legislative and practical experience of the false statements of the parties in foreign countries and Taiwan,the author puts forward some suggestions on perfecting our country's regulation of false statements of the parties.The main body of this paper is divided into four parts,a total number of words more than25000 apart from the introduction and conclusion.The first part discusses the summary of the false statements of the parties.This part combines four different viewpoints about the false statements of the parties in the existing theoretical circle,it analyzes the main body important document,the subjective important document,the objective important document and the object important document to define the concept of the false statements of the parties.The second part discusses the present situation of the false statements of the parties.This part summarizes the five manifestations of the false statements of the parties and regulations through studying the judicial cases.The third part analyzes the reasons for the flood of the false statements in civil litigation.This part discusses three aspects through the individual factor,the system factor and the normative factor.The fourth part discusses the path choice of the regulation of false statements of the parties in the civil litigation.This part borrows the legislative experience from Germany,Japan,the United States and Taiwan about the regulation of false statements of the parties,and puts forward four suggestions on how to improve the regulation of false statements of parties in our country.These proposals include defining the true obligations of the parties,improving the sworn system of the parties,improving the inquiring system of the parties and clarifying the regulations against the false statements of the parties.