Study Of The Party's Obligation To Be True In Civil Litigation

In recent years,the dishonesty of the party in civil litigation has been coming thick and fast,which has already become an impediment to solving disputes,guaranteeing private right,and maintaining substantive justice.Owing to its rigid establishment in the Civil Procedural Law in effect,the bone fide doctrine cannot work effectively in restraining the dishonesty in litigation.Being a main form of expression of the bone fide doctrine in civil litigation,the party's obligation to be true in civil litigation has initially established its fundamental principles,the requirements for truthfulness,and the framework of rules for adverse consequences.However,there are a lot of defects in the current legislation of civil litigation in our country.For example,the concrete contents for the party to fulfill his obligation to be true in each phase of litigation has not been set up reasonably;the scope of the obligation to be true is unclear;the legal consequences need to be improved;the relative systems to guarantee and to coordinate are insufficient,etc.Therefore,the requirements for the contents of the party's obligation to be true in the phase of filing an action,pretrial preparation,and trial should be explicitly established;the limitations to applying the party's obligation to be true should be reasonably set up;the concrete suggestions on legal consequences and the procedures of decision should be put forward;the relative guaranteeing systems,such as the system of recognizing,the party's obligation to state in court,the judge's interpretation,should be set up and improved.The study of the party's obligation to be true in civil litigation is not only helpful to prevent the procrastination of the litigation and to promote the parties' participation into litigation equally,but also provides procedural guarantee for the judgeto fine truth,to clarify the facts of the case,and to make fair judgments.