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On Legal Regulation Of Falsification Of Evidence In Civil Litigation

Posted on:2020-03-05Degree:MasterType:Thesis
Country:ChinaCandidate:T H DingFull Text:PDF
GTID:2416330578460186Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In recent years,the phenomenon of forgery of evidence by parties and other participants in civil proceedings has emerged one after another and is on the rise.Falsification of evidence in civil proceedings refers to the fact that the parties are motivated by the interests of winning the case,resort to deceit to conceal the facts in court,and even harm their interests in order to realize their own interests.Some parties will also use their relationship with others to induce them to make false statements in court,thus achieving their illegal purposes,including all forged evidence provided to the court in order to win the case,causing the judge to produce deviation or wrong opinions on the authentication of the facts of the case.In order to carry out in-depth research and analysis on this issue,I collected various cases of forged evidence from the Chinese referee documents online,of which 266 cases were confirmed to have forged evidence.Objectively speaking,the act of forging evidence is one of the acts impeding the trial of civil litigation,which not only affects the efficiency of the judicial trial,but also damages the legitimate interests of the parties to a certain extent and is not conducive to the construction of a fair and efficient judicial system.At present,China's "Civil Procedure Law" and "Interpretation of Civil Procedure Law" have formulated relevant sanctions against the act of forging evidence,regulating and restricting the illegal act.However,the relevant legal norms still lack strict accountability mechanism for the act of forging evidence,resulting in the frequent occurrence of the phenomenon of forging evidence.Based on the collation and analysis of 266 judicial documents,this paper thinks about the harmfulness of falsification of evidence in civil proceedings and how to regulate the system,and emphasizes the importance of regulating the use of falsification of evidence by parties in civil proceedings,so as to dispel the idea of parties forging false evidence to seek illegitimate interests,establish the authority of judges,safeguard judicial justice,more importantly,safeguard the legitimate rights and interests of parties and better solve civil disputes.
Keywords/Search Tags:Falsify evidence, Falsifying evidence, Regulating falsification of evidence, Judicial justice
PDF Full Text Request
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