A Study On The Real Obligation Of The Parties

In practice,the party’s false statement status quo is more serious,the principle of good faith in civil litigation is too principled and it is difficult to play its practical role effectively,making the real obligation play a practical and effective role is very urgent.The judicial interpretation of the new "Evidence Provisions on Civil Procedure" in 2019 stipulates the real obligations of the parties,which is to put the parties’ duty of good faith litigation into practice,which is also a major adjustment of the trial concept,which has a certain role in promoting and assisting the serious litigation discipline and improving the efficiency of the judge’s case handling.Nevertheless,there is still some room for optimization and perfection of the system in the civil litigation of our country.This paper mainly uses normative analysis,comparative analysis and other research methods,fully understand the concept of real obligations and theoretical basis,through the real obligation of the legislative status quo combing,comparative analysis of the relevant provisions of Germany and Japan,found that China’s legislative problems,China’s civil litigation for the content of the real obligation is more vague,the legal consequences of violation of the real obligation of the provisions are relatively single,but also lack of relief measures for the other party,lack of legal system and other issues.The status quo of the parties’ false statements at the judicial application level is obvious.In view of the above-mentioned problems,this paper analyzes from the perspective of legislation and justice,and puts forward some suggestions to improve the system of the parties’ real obligations.On the basis of the existing provisions of civil litigation,add some provisions on the true obligations of the parties,so that the provisions of the real obligations appear more systematic,and specify the violation of the real obligations of the constituent elements,that is,in the course of the proceedings,the parties committed the act of misrepresentation,subjective mentality is intentional,and cause or may cause harmful consequences,clear that the constituent elements are conducive to the judicial practice of the judge’s judgment and determination of false statements.And further to the parties’ real obligations of the legal consequences of the provisions rich and detailed,especially the problem of criminal responsibility,strengthen the means of punishment.In the course of judicial operation,in addition to strengthening the examination of the authenticity of the party’s statement in the prosecution stage,emphasizing the party’s right to investigate and collect evidence,that is,to enrich the party’s understanding of the factual information,etc.at the same time,should also improve a series of related supporting measures,such as the construction and improvement of the social credit system,the refinement and perfection of the online court system,etc.the improvement and improvement of these related systems will help the parties to implement their real obligations more effectively.It is also possible to bring the system of the parties’ true obligations to its maximum value.