A Research On The Obligation Of Truthfulness Of Parties In Civil Action

The obligation of truthfulness of parties in civil action is closely related to the principle of good faith.In order to find a solution to false litigation that has been constantly emerging in judicial practice in recent years,the principle of good faith,which is known as the empire provision in the field of civil law,was established as the basic principle of law of the Civil Procedure Law when the Civil Procedure Law was amended in 2012.However,due to its high abstractness and generality,the principle of good faith has failed to effectively guide specific cases in practice,with only little effectiveness.In order to further keep false litigation within limits,Article 112 of the Civil Procedure Law stipulates the parties false litigation.A special provision on the crime of false lawsuit is added after Article 307 of the Criminal Law.In addition,there have been increasingly larger number of unfaithful actions in the judicial practice such as malicious litigation(abuse of jurisdiction and jurisdictional dissent),false statements,incomplete statements,which have been intensifying.There is no specific provision on the settlement of such cases in China's Civil Procedure Law,which leads to the failure in effectively containing malicious litigation,false statements,and incomplete statement.The obligation of truthfulness of parties in civil action is aimed at prohibiting relevant parties from making false statements and lying,which can not only regulate various unfaithful litigation behaviors of parties,promote the discovery of the truth of cases,but also contribute to solving the problems faced by China's current judicial practice.With the purpose of dealing with such a judicial status in time,it is necessary to study and discuss the obligation of truthfulness of parties in civil action.In addition to Abstract and Introduction,the paper can be divided into five parts.The first part is on the connotation of the obligation of truthfulness of parties in civil action.With the interpretation of what is "real" as a logical starting point,theauthor focuses on the concept of obligation of truthfulness of parties in civil action,explores its nature and finally clarifies that obligation of truthfulness of parties in civil action is not a burden but an obligation,not a principle but a regulation.Finally,the author analyzes relevant theories of the connotation of the obligation of truthfulness of parties in civil action.The second part is on the legitimacy of establishing the obligation of truthfulness of parties in civil action in China.In this regard,the necessity of the establishment of obligation of truthfulness of parties in a civil litigation is proved from three aspects that it is an objective requirement to ascertain the facts of case and improve the efficiency of litigation;it is an inevitable requirement to regulate litigation behaviors and maintain judicial order;it is a realistic requirement for improving the judicial status and promoting judicial reform.The feasibility of the establishment of obligation of truthfulness of parties in a civil litigation is expounded from three aspects including the support of legislative technologies,the support of a faithful environment and the conjunction with the social appeals in China.The third part is the dilemma of the real obligation of the parties in civil litigation in our country.Specifically elaborates the dilemma of the real obligation of the parties in civil litigation in China in the following four aspects: the unclear culture and systematization of the real obligation of the parties,the imperfect matching measures of the real obligation of the parties,the imperfect punishment mechanism of the real obligation of the parties,and the unclear boundaries of the real obligation of the parties.The fourth part is on the enlightenment from comparison in the obligation of truthfulness of parties in civil action.Through the analysis on the obligation of truthfulness of parties in German Civil Procedure Law,the principle of good faith in Japan's New Civil Procedure Law,the rules of true statements in the New British Civil Procedure Rules,the rules of opinion confirmation and absolute rules in the Federal Rules of Evidence and the Federal Civil Procedure Rules of the United States,the author draws useful experience for constructing the obligations of truthfulness of parties in civil action in China.The fifth part is the construction of the obligations of truthfulness of parties in China's civil action.First of all,the legislative style of the obligations of truthfulness of parties in civil action should be established through the combination of “general regulations and specific regulations”.Secondly,the right of dissent and relief should be given by enriching the means of obtaining information of parties;the system ofrecognizance and summoning parties for statements on court should be perfected to strengthen the protection of the obligation of truthfulness of parties in civil action.Thirdly,the obligation of truthfulness of parties in civil action should be effectively implemented through the establishment of multi-channel punishment mechanism for corresponding litigation behaviors,litigation costs,fines and tort liability and criminal liability.Finally,the boundary of the obligation of truthfulness of parties in civil action should be clarified by taking the opportunity of constructing the inquiry system for parties.