The Regulation Of The Parties' False Statements From The Perspective Of True Obligations

As an important statutory evidence,the party's statement provides a lot of fresh and substantive materials for the trial of the case,and it plays a very important role in forming the testimony of the judge and making a fair decision.It can enable the judge to quickly understand the full picture of the case,determine the focus of the case dispute,save the court time to investigate the case evidence,improve the efficiency of the trial,and promote the judge to make a fair decision.The false statements of the parties will obscure the facts of the case,disturb the judges 'hearing,and cause the judge to make unobjective judgments on the facts of the case,which will affect the smooth progress of the proceedings,and ultimately cause unjust judgments and affect the justice Credibility.The theoretical direct source of the parties' false statements is the real obligations of the parties in the civil law system,including both true statements and complete statements.Although the true obligations of the parties were determined in the New Civil Procedure Evidence Provisions for the first time,the connotation and specific rules of the parties are still unclear.In judicial practice,there are more and more cases of false statements by parties and the circumstances are getting more and more serious.It is necessary to use foreign experience to improve the true obligations of the parties in China in order to effectively regulate them.This article reads and finds documents and retrieves real cases.It summarizes the academic research on the parties' false statements in civil lawsuits,understands the relevant provisions of the parties in China's legislation on the parties' false statements,and finds out that judicial parties identify and regulate the parties' false State the main problems.Through comparative analysis of relevant foreign systems,it provides ideas for China to regulate the parties 'false statements,and to regulate the parties' false statements in civil litigation,from the legislative and practical perspectives,expound their views and make recommendations.