Study On The Obligations Of Parties To Appear In Court To Make Statements In The Civil Procedure

With the development of the litigation agency system,the proportion of the parties who entrust agents to handle the case instead of appearing in court in person increases,especially in civil disputes such as family disputes,private lending disputes and contract disputes,the phenomenon of the parties not appearing in court in person is quite common.According to Article 110 of the revised Interpretation of The Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China(hereinafter referred to as "the Interpretation of Civil Procedure"),"Where a people's court deems it necessary,it may require a party concerned to appear in court in person to accept the questioning on relevant facts of the case at hand”.Thus establishing China's system of parties' statements in court and clarifying that the parties have the obligation to make statements in court.The Interpretation about the content of the obligations of parties to appear in court in person to make statements is covered too little,what is the specific circumstances that the court asked the parties to appear in court statement and how dose the procedure design,what is the punitive measures of false statement,and the consequences of party who shall not be liable to the proof responsibility refuses to perform ect.are still unclear.In addition,the provisions on the procedure of the parties' statements in court are too simple,which leads to the fact that the relevant procedures of the parties' statements in court in practice mostly rely on the judge's discretion and the standards are different,and may result in the arbitrariness of the judge in collecting the evidence types of the parties' statements.So it is necessary to design a complete system of the parties' statements in court,so as to activate the evidence vitality of the parties' statements and give full play to their due value.This paper is divided into four parts.The first part is the theoretical content of the obligation of parties to appear in court to make statements.The definition and establishment necessity of the parties' obligation to make statements in court are analyzed.On this basis,the parties presenting in court are limited to the natural persons who have witnessed the case,and the supplementary principle held by civil law countries is introduced.The evidence value of the statement made by the party is different.Further,it is proposed that the evidentiary force of the parties' statements should be determined separately due to the different nature of the contents of the statements.The second part is the legislation of the obligation of the parties to appear in court to make statements and it's problem.From the perspective of legislation,at present,the obligation of parties to make statements in court in China is relatively clear,and the rules of parties to make statements in court are basically established.Although there has some provisions about the obligation of the parties to state in court in China's legislation,there are still some problems,such as the unclear probative force of the parties' statements,only the court have a right to start the procedure,the lack of procedural provisions,the lack of operability that "the people's court deems necessary",the legal consequence of breach of duty and so on.The third part is the empirical study of the parties' obligation to appear in court to make statements.From the perspective of judicature,the problems existing in the legislative level of the parties' presentation in court have been solved in the middle of practice and relevant experience has been accumulated.For example,the parties have tried to apply for the court to start the inquiry,and the court has identified the false statement as the obstruction measure of civil proceedings.Some develop into more concrete and complex problems,such as the fixed and typed situation of the parties' presentation in court,the lack of standard of the way of notification,the lack of procedural appearance of the presentation in court,and the high proportion of the parties' refusal to perform the presentation without effective measures in court.The reason is the lack and insufficiency of the rules of civil procedure.The fourth part is suggestions to consummate the system of statement of parties in court.First of all,Legislation or judicial interpretation shall clarify the application of the parties' presentation in court.Secondly,to grant the right of application;Thirdly,the procedural provisions of the parties' statements in court should be improved by standardizing the way of notification,establishing the alternative measures of not being able to attend the court,the appearance of the parties' statements in court.Fourth,insist the proving power of the statements determined by the judge according to the free heart evidence?Finally,making sure the party who refuses to appear in court will be detained,making it clear that the sanction measures for false statements,setting up the legal consequences for the party who refuses to appear in court without the burden of proof.