Research On The Obligation Of Civil Litigation Parties To Make True Statements

Although the new "Civil Procedure Law" established the principle of honesty and credibility in civil litigation from the legal level in 2012,the principle of honesty and credibility failed to play its due role in the judicial practice,and the cases of false statements made by the litigants in the trial are still common and even gradually increasing.Therefore,it is particularly necessary to require litigants to perform the true statement obligation in court hearing.As one of the kinds of legal evidence in our country,the litigants'statement is also an important means to find out the facts of the case,but the attention to the statement of the litigants in our country's legislation and judicial practice is obviously insufficient.Although the relevant laws and regulations in our country have involved the litigants' statement obligation,but the litigants'statement obligation in our country is facing the dilemma of inexplicit provisions,lack of consequence and imperfect safeguard measures.Through the investigation of the relevant provisions of the litigants' true statement obligation in Germany and Japan,it can bring enlightenment to the litigants' true statement obligation in our country,and on this basis,litigants' true statement obligation in our country is concretely constructed.In addition to the introduction and conclusion,the text is divided into four chapters:The first chapter expounds the basic theory of the litigants' true statement obligation.This chapter preliminarily clarifies the meaning of the litigants' true statement obligation and the content of its regulation,and then analyzes the attributes and the legal basis of the parties' true statement obligation.The second chapter describes the system dilemma of litigants' true statement obligation in our country.First of all,the litigants' true statement obligation is not clear in our country;secondly,the legal consequences of the breach of the litigants' true statement obligation are missing;finally,the guarantee measures of litigants to fulfill the true statement obligation are imperfect.The third chapter examines the the litigants' true statement obligation in Germany and Japan.The idea of this chapter is to carry out the system dilemma in our country with the litigants' true statement obligation in the previous chapter,and to elaborate the practice of Germany and Japan on this kind of problem,and thus get the enlightenment to our country.The fourth chapter concretely constructs the litigants' true statement obligation in our country.The specific contents include three aspects:clearly stipulate litigants' true statement obligation,clearly stipulate the legal consequences of the violation of litigants' true statement obligation and improve the supporting measures to guarantee the litigants' fulfilling the litigants' true statement obligation.