Regulation Of False Statements By Parties In Civil Litigation

The party's false statement means that the party deliberately makes a false statement about the facts of the case in a civil action,acts that affect the outcome of the case or the outcome of the referee.At present,the phenomenon of false statements by the parties in China's civil judicial activities is more common,and it exists in various civil cases and is increasingly rampant.However,in the judicial practice of our country,the behavior of the parties' false statements is rarely sanctioned.The false statement of one party will not only increase the difficulty of other parties' proof of the facts of the case,but also delay the trial period;it will also lead to the court making false judgment results,seriously undermining the current judicial environment,and affecting judicial authority and credibility.There are four reasons for the proliferation of false statements by the parties: First,the nature of the party's statement as evidence is ambiguous and controversial in terms of academics.The evidence nature of the two sides of the natural mixed false and false statements makes the function of the party's statement as evidence obstructed.Second,the legal basis for the false statements of the parties to civil law regulation in China is small and crude,which makes the court weakly regulate the false statements of the parties.Third,as far as the parties themselves are concerned,their subjective existence of avoidance,lucky,and low cost of illegality has prompted their false statements.Fourth,there are objective reasons for the parties to make false statements,which are difficult to identify.It is necessary to pay a large cost to correctly determine the false statements of the parties.In order to effectively deal with the current widespread misrepresentation of the parties,it is necessary to reasonably define the false statement behavior of the parties.Reasonable definition of the party's false statement is the basic premise of the court's scientific regulation,including the reasonable definition of the party's false statement,the subject,scope,and standards;In addition,it is necessary to affirm the independent evidentiary value of the party's statement,and to distinguish between the party's statement of the independent evidence and the party's statement of the supporting evidence;By analyzing the judgment documents,the feasibility method for determining the false statements of the parties,including the parties themselves' recognition,through the conflicting statements of the parties,Other litigants provide evidence to prove that the court has investigated and obtained the evidence according to the power;In regulating the parties' false statements,in accordance with the statement of the parties involved in the supporting party's statement and the evidence of independence,and distinguishing the means of punishment for the false statements of the parties,The former is mainly used to fill the sanctions with a fine,and the latter is a sanction for fines or detention.The effective regulation of the parties' false statements not only reflects the requirements of honest litigation,but also helps improve judicial efficiency,safeguard judicial authority,and promote judicial fairness and justice.