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Legal Sanction Of False Statements Of The Parties In Civil Action

Posted on:2019-10-03Degree:MasterType:Thesis
Country:ChinaCandidate:C XiaoFull Text:PDF
GTID:2416330566477627Subject:Law
Abstract/Summary:PDF Full Text Request
The statement of the parties provides a vivid case of factual material,is also a kind of important legal evidence types.It plays an important role when judging the formation of proof and making a fair decision.There is no doubt that true statement of the parties can make the judge to quickly understand the whole picture of the case,determine the focus of dispute,therefore it can save a great deal of time,improve the efficiency of the trial,promote the judge to finally bring in a fair verdict.While the false statements of the parties,it will blur the facts of the case,causing the judge comes to a judgement which is not objective,affecting the whole procedure,then causes unjust verdict and ultimately affect the judicial credibility.In the process of civil litigation,there are many cases where the parties make false statements in order to win the lawsuit or fulfill other purposes.Some parties intentionally state the false facts of the case.Some parties persisted in denying the claim of the other party while the court has investigated and obtained sufficient evidence or the other party has already provided evidence to prove their claim.Some litigants entertain the idea of adopting litigation strategies and techniques to make conflicting statements about the facts of the case at different stages of the proceedings.Some of the parties in the sham litigation intentionally to the other side of the claim against their own adverse facts and so on.Above all sorts of false statement behavior,they all have damaged the legitimate rights and interests of the other party,disrupted the normal litigation order,wasted the judicial resources,reduced the efficiency of case treatment,it endangers the judicial authority.However,the research on the false statements of the parties involved in the regulation of civil litigation is not satisfactory.This paper tries to define and classify false statements of the parties,analyze the present situation for regulation.This paper can be divided into four parts,the first part defines and classifies false statements,and analyzes its harmfulness.The second part,based on the survey data of some current overall situation of false statement by the parties in civil litigation,and expounds it from four points that to make a regulation is still facing various problems.The third part focuses on the study of comparative law,which analyses Germany,Japan,Britain,the United States and Hong Kong SAR China about their ways of dealing with false statements,it aims at providing references for domestic legislation.The last part gives several ways of regulating false statements of the parties which are practical and feasible.
Keywords/Search Tags:Statements of the Parties, False Statement, Civil Procedure, Legal Regulation
PDF Full Text Request
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