On The Legal Regulation Of Witness's Perjury In Civil Action

As we all know,perfect judicial trials need to follow the principle of judicial adjudication based on facts and laws.The facts of the case that can be adopted by the court must be proved by corresponding evidence,so the evidence can be called the cornerstone of the trial.As the famous jurist Jeremy Bentham said:"The direct purpose of procedural law is to ensure fair and just judgments,that is,the effective law is correctly applied to the judgment of cases,and this must be based on relevant evidence."Witness testimony,as one of the types of evidence,is listed as one of the eight types of statutory evidence by China's Civil Procedure Law due to its important role in proving the facts of the case.This is applicable to the standardization of witness testimony and helps the judge to effectively identify the facts And the proper application of the law is crucial.However,in the current judicial practice,due to the influence of some subjective and objective factors,witnesses' false testimony is more frequent,witnesses' perjury is more frequent,and witnesses' testimony has not exerted its due institutional effect,even becoming a bottleneck restricting the reform of the judicial trial system one.Therefore,based on the dilemma arising from the application of witness testimony in judicial practice,and clarifying the deep-seated reasons for witness' perjury,it is urgent to explore effective legal regulations for witness perjury.In research methods.Due to the procedural nature of the law of evidence,the legislative setting and enforcement of any evidence system must be guaranteed by a complete and effective litigation procedure in order to play its due role.Therefore,in the research on the legal regulation of the perjury of witnesses,we must combine the evidence with the litigation procedure,and then we can put forward an operable mechanism to protect the authenticity of the witness's testimony.Secondly,jurisprudence,especially litigation jurisprudence,is a discipline with strong practicality.Academic research deviating from judicial practice is tantamount to talking on paper.Therefore,theoretical research on the perjury of witnesses must be deeply integrated with the application of witness testimony in current civil judicial trials.Practical issues and obstacles.At the same time,we must pay close attention to the latest laws and regulations on the perjury of witnesses in common law countries and civil law countries and regions.Therefore,this article uses comparative research,empirical research,literature analysis,historical analysis and other research methods in the research process,and strives to provide effective research method support for the improvement of the witness's perjury regulations.In terms of research content,this article is mainly divided into four parts.The first part starts from the definition of the perjury of witnesses,analyzes the concept and constituent elements of the perjury of witnesses,and clarifies the distinguishing path between perjury and misconduct of witnesses.The second part combs the provisions of witness system and the legal regulations of witness perjury in civil litigation in the United States,Britain and Germany and Japan of the civil law system,in order to provide reference and reference for improving the legal regulations of witness perjury in China.The third part analyzes the current situation of witness perjury in civil litigation,mainly introduces the behavior of witness perjury in civil litigation and the empirical investigation and analysis of the regulation of witness perjury in the current judicial practice,and then finds out the root of witness perjury according to the procedural defects and substantive deficiencies of witness system in civil litigation.The fourth part clearly puts forward the legal countermeasures to regulate the behavior of witness perjury,and constructs the system of witness perjury regulation,which is a trinity of pre litigation,in litigation and post litigation,so as to effectively guarantee the authenticity of witness testimony,improve trial efficiency and maintain judicial authority.