Research On The True Obligation Of Litigants In Civil Procedure

In recent years,there has been an endless stream of false statements by parties.Although the principle of honesty and trustworthiness was added after the revision of the Civil Procedure Law in 2012,it is difficult to apply it in judicial practice.In order to achieve the goal of “the facts are consistent with the objective truth and the results of the case are consistent with the substantive justice” in the judicial trial,the“Supreme People 's Court's Provisions on Evidence in Civil Proceedings” was revised on December 26,2019,expressly requiring “the parties shall Make a true and complete statement”.This is the legislative progress in the field of civil litigation in China.But the shortcomings of the party's real obligation system are still insufficiently concrete and systematic,which makes false statements not effectively curbed,which in turn leads to adverse effects such as reduced litigation efficiency and difficult judicial justice.Therefore,this article studies the relevant extraterritorial theories and legislative regulations to make suggestions for the perfection of the party's true obligation in China.In addition to the introduction and conclusion,this article is intended to be divided into three parts.After exploring the historical origin,connotation andtheoretical basis of true obligations,this article analyzes the current status and causes of false statements by parties.Based on systematically discussing the relevant legislation of the true obligations in China,the shortcomings of current legislation are analyzed.Finally,suggestions for perfecting the true obligations of the parties are put forward.The first part "Theoretical Study of the True Obligation of Litigants" starts from the historical origin of the true obligation of litigants,cardings the development process of the true obligation of litigants,and then discusses the meaning of the true obligation of litigants from the aspects of "truth" and "statement".This part also studies the theoretical basis of the true obligations from the perspective of the litigation model and Principle of Honesty and Trustworthiness.The second part "Current Situation of True Obligations in China" introduces the common forms of breach of true obligation through cases,which are mainly manifested in false denials,inconsistent statements,false self-confession,etc.Then this part expounds that the parties' false statements will cause negative impacts such as disorder of litigation order,lower litigation efficiency,and difficulty in maintaining the impartiality of the entity,which will seriously damage judicial authority.In addition,the causes of false statements are analyzed.Finally,this part analyzes the current legislation of the true obligation in China and points out the shortcomings.The third part "Perfection of the True Obligation of Litigants in China" focuses on the content of the true obligations,elements of breaching true obligation and the legal consequences after breaching true obligations.This part also puts forward suggestions on how to harmonize the self-recognition system,the trial system by default,and the burden of proof system with the parties' true obligations.