Research On The Sanction Of Perjury In Civil Procedure

A civil action requires evidence to establish the facts of the case.Evidence in a civil action refers to all kinds of materials that can prove the facts of a case in a civil action,and it is the basis for the court to determine the facts of a case and make a judgment in a civil action.Some of the parties and other participants use false evidence to conduct litigation,attempt to achieve the improper benefits through the proceedings.Their behavior disrupted the judicial order,destroyed the judicial authority and damaged the legitimate rights of the other participants.The severe punishment is an effective measure to control perjury.This paper mainly research how to reduce perjury through the severe punishment.This paper adopts the research method of empirical analysis.I collected 145 cases of perjury from the Chinese referee documents online,analyzed the commonness and differences of the cases.This paper is mainly divided into the following four parts:The first part introduces the basic theory of perjury in civil procedure.This paper mainly expounds the concept of perjury and explains the forms of perjury in civil procedure through cases in judicial practice.The second part,through the analysis of the judgment document net case,summarizes the judicial status of the sanction of civil perjury in China.First of all,the governance of civil perjury behavior is urgent.In China,the number of perjury behavior is huge in civil litigation,and the appeal rate is high,which aggravates the contradiction of more than one person in court cases.In addition,the operation of forged evidence is simple and easy,and there are more perjury phenomena.Secondly,the punishment measures are not perfect,the penalties are light.Perjury perpetrators are less punished,the court for perjury is not adopted,even if the punishment is generally only to its admonishment,and the courts around the standard of punishment is not consistent,"different punishments for the same behavior" phenomenon occurs.The third part analyzes the problem of civil perjury sanctions,that is,the reasonfor the judicial sanction of perjury.In the legislative,Civil Procedure Law of the People's Republic of China is principled,and the penalty provisions are relatively light.There is no unified standard for the specific application of the penalty,so it is difficult to apply in practice.And the relevant civil and criminal laws lack of cohesion,it is difficult to investigate the criminal responsibility of the actor.In the judicial,the judge lack of the concept of law enforcement and sanctions,some of them blindly chase the efficiency,conclude the case simply,and fail to identify and investigate the responsibility of perjury,which is not conducive to the governance of perjury.The fourth part,according to the perjury behavior of the current situation of the judicial sanctions,put forward Suggestions to improve.First of all,the penalty of perjury should be clarified,and the criminal law should be effectively used to punish perjury.Secondly,the concept of judicial personnel sanctions should be strengthened to ensure the fairness of the proceedings while solving the disputes,so as to achieve substantive justice and procedural justice.At the same time,the social credit system is used to punish the perjury,so as to reduce the effect of perjury and form a good atmosphere of good faith litigation.