On The Regulation Of The Parties' False Statements In Civil Litigation

The statement of the parties is an important basis for the court to judge and handle disputes.The facts of the parties told can save the time for the court to ascertain the facts of the case,promote the efficient trial of the case and the fairness of the referee.On the contrary,it is easy for the judge to make unfair judgments on the facts of the case,even affect the effective development of the proceedings,and ultimately affect the judicial authority.This article is divided into three parts.The first part mainly introduces the related concepts of the party's false statements,and expounds the meaning,performance and theoretical basis of the party's false statements.The false statement of the party refers to a dishonest statement by the parties in the course of the civil lawsuit.The article discusses the false statement of the parties in the trial process,and does not include the execution procedure.The manifestations of the parties' false statements are divided into the following four categories:deliberately stating false facts,false denials,false self-recognition,and contradictory statements.The theoretical basis for the regulation of the parties' false statements is as follows:First,the requirements of the parties' true obligations.The fulfillment of the true obligation of the parties is one of the contents of the principle of honesty and credit in the civil procedure law.The regulation of the false statement of the parties is the embodiment of the implementation of the true obligation;the second is the requirement to guarantee judicial justice.The true statement of the party is the judge's discovery of the facts of the case,and based on this,the basis of a fair referee is made,the false statement of the party is regulated,which is conducive to the guarantee of justice;the third is the requirement to improve the efficiency of litigation.Regulating the false statements of the parties can reduce the litigation costs incurred by the courts and the parties in finding the case and increase the efficiency of the litigation;the fourth is to raise the requirements for judicial credibility.The judge will apply the law to the results of the referee after the actual facts of the case,the people will be convinced,and the judicial credibility will be improved.The second part mainly elaborates on the legislation and judicial status of the false statements of the parties in China.On the one hand,this paper examines the legal provisions concerning the false statements of the parties in the current laws of China,and points out the lack of perfect measures for the regulation of false statements in the current legislation and the lack of relief measures for the injured parties.On the other hand,this paper combines the judicial case to expound the current situation of the false statements of the parties in the civil procedure law and the criminal law field.In practice,the judge has a low rate of false claims,and the criminal offences involved in the false statements of the parties have false litigation and fraud.In the third part,this paper proposes the improvement of the false statement regulation of the Chinese party from the perspective of law and social comprehensive governance.The perfection of the law is carried out in three aspects:civil procedure law,civil law and criminal law.The regulation of the Civil Procedure Law has perfected the system of litigation and oath of the parties,strengthened the court appearance system,improved the party's inquiry system,initiated the court's perjury investigation system,and improved the fine system.The improvement measures in the civil law perspective mainly require the perpetrator of the false statement to assume the liability for compensation.From the perspective of criminal law,the scope of application of Articles 305 and 306 of the current Criminal Law is amended to regulate the false statements of the parties.Of course,the regulation of the law is a means on the one hand,and it is inseparable from the comprehensive social governance to prohibit the false statements of the parties.This requires strengthening the moral construction of citizens and focusing on improving the moral awareness of social citizens.At the same time,personal integrity files can be improved.The court may consider establishing an integrity litigation file for citizens within it,linking the integrity litigation file with the current personal credit record,forming a complete personal social credit system,focusing on strengthening the mechanism of social integrity system and judicial enforcement measures.To reduce and combat untrustworthy behavior.