Research On The Legal Regulation Of Civil Perjury In My Country

In civil litigation,we need to rely on evidence as a bridge to determine the facts of the case,so as to present the facts that happen outside the court.But the existence of civil perjury has caused a lot of confusion to the reappearance of the facts outside the court.At the same time,the existence of civil perjury not only reduces the efficiency of litigation,but also damages judicial justice.Regulation of civil perjury is the need of judicial practice.Civil perjury refers to the lawsuit behavior in which the parties and other participants in the lawsuit take improper means such as forging or concealing evidence materials and submit false proof materials which are not in conformity with objective facts to the court.Civil perjury is different from civil miscarriage,illegal evidence and defective evidence.Civil miscarriage of evidence refers to the act of proof that is inconsistent with objective facts,not out of intentional psychological influence by various factors of oneself or the outside world;civil illegal evidence refers to the proof material collected by the actor by means contrary to the law;civil defective evidence refers to the defective manifestation of the means of collecting evidence or the evidence provided by the parties.The proof ability is undetermined or insufficient.The main reasons for the existence of civil perjury are: inadequate legal regulation,civil perjury is not included in the scope of perjury crime in criminal law,insufficient legal deterrence;inadequate sanctions for civil perjury actors,on the one hand,inadequate legislative sanctions;on the other hand,even if the law has relevant sanctions,but in judicial practice,the judge's sanctions for civil perjury actors.The concept is also vague;in addition,the parties and other litigation participants violate the principle of good faith for the benefit of a certain perspective is also an important factor in the occurrence of civil perjury.Misjudged cases caused by civil perjury violate the dignity of law and undermine judicial justice.At the same time,civil perjury results in the repeated trial of cases,resulting in the reduction of the efficiency of civil litigation and a waste of judicial resources.Civil perjury also disrespects the personality of one party,causing moral and material damage to the other party and intensifying the contradiction between the two parties.To regulate civil perjury,reduce and prevent civil perjury,we should combine procedure with entity,theory with practice.First of all,we should carry forward the Chinese nation's honesty culture,advocate honesty litigation,let people form inner conscience,have the quality of honesty,so that the parties in civil litigation and other litigation participants do not want to perjure.At the same time,we should perfect legislation and improve the judicial status quo.We should establish and improve the regulation of legal liability,from the perspective of criminal sanctions and civil sanctions,so that the parties and other litigant participants dare not make false testimony,but also improve the procedural regulation,so that the parties and other litigant participants can not make false testimony.We should draw lessons from the excellent foreign legal system and solve problems by means of diversification.