On The Perfection Of The Parties' True Obligations In Civil Litigation

In recent years,the cases of parties' false statements and even false lawsuits have been increasing in judicial practice in my country,and they have become more and more intense.my country's "Civil Procedure Law" does not clearly stipulate the true obligations of the parties and the legal consequences of violating the true obligations.It only stipulates the principle of good faith,but does not clearly regulate the true obligations of the parties.The Supreme Court's Interpretation on the Application of the "Civil Procedure Law of the People's Republic of China" has made specific provisions on the implementation of the principle of good faith.The revised "Several Provisions of the Supreme People's Court on Evidence in Civil Litigation",which came into effect on May 1,2020,added new provisions on the obligation of the parties to make true statements,the handling of inconsistent statements,and the penalties for deliberate misrepresentation,as well as the recognizance of parties It is stipulated that this is the first time that my country has made clear the parties' true statement obligations in the form of judicial interpretation.Regrettably,the new evidence provision is only a supplement and improvement to Article 110 of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China",but the parties refused to appear in court and refused to be questioned.There are no new regulations on the penalties for refusal to sign the letter of guarantee,and the real obligations of the parties are still blank in legislation.As one of the evidences of my country's civil procedure law,the party's statement is of vital importance to the actual performance of the party's obligations,whether in theory or judicial practice.In order to curb false statements and maintain the justice and majesty of the judiciary,it is of great significance to draw on the experience of outside the territory and combine with our country to construct the real obligation system of the parties in our civil procedure law.This article is divided into four parts.The first part is mainly based on the theoretical basis of this article.It defines the relevant concepts of the parties' true obligations and other theoretical content.The second part summarizes and analyzes to a certain extent the status quo of the real obligations of the parties in our country.It explains the current situation of the relevant provisions of Chinese laws and regulations on the true obligations of the parties.Simply clarify the concept of false statement.And conduct empirical analysis of false statements to support this article.Then,based on the above content,the reasons for the occurrence of false statements in our country are analyzed.Finally,it finds out the problems and loopholes existing in our country's current party's true obligation system.The third part mainly analyzes the real obligations of parties outside the territory,compares and draws on foreign advanced legislative experience,and proposes the advantages of different countries in different aspects of parties and real obligations.Some enlightenment for my country's establishment of real obligations.The fourth part combines the current actual situation in our country,and then discusses how to improve the real obligation system of the parties at that time.In terms of the scope of application of the party's true obligation system,procedural norms and the other party's relief measures,three major aspects have made certain suggestions of their own.