A Study On The True Statement Obligation Of Civil Litigants

The obligation of the parties to the civil action to make a true statement has been more clearly stipulated in the extraterritorial legislation.However,our country only stipulates some aspects of the obligation in the judicial interpretation of the newly revised "Regulations on Evidence of Civil Litigation",which has not been clarified at the legal level,bringing obstacles to the regulation of the parties' false statements in judicial practice and preventing false litigation,and is not conducive to the maintenance of the legitimate rights of the parties.Using literature research,logic analysis and other research methods,this paper examines the shortcomings of China's current legislation on the basis of extraterritorial experience.At present,there are some difficulties in the direct application of the principle of honesty and credit in civil litigation,and the judge often interprets the deficiency in litigation.In view of the above-mentioned problems,the article perfects the obligation of the parties to make real statements from the legislative and judicial point of view,puts forward the proposal to legislate the party's true statement obligation,strengthens the review of the authenticity of the parties' statements in the pretrial preparation stage,and clarifies the legal consequences of violating the party's obligation to make a true statement.At the same time,we should also improve the construction of the social credit system,refine the system of the parties' online appearance,and strengthen the obligation of judges to explain,and the improvement of these systems is conducive to the implementation of the obligation of the parties to make a true statement.