The Identification And Regulation Of The Party's False Statemen

As one of the types of legal evidence in civil litigation,the parties' statements play an important role in many aspects for judges to hear cases.The true statement of the parties is helpful for the judge to quickly grasp the facts of the case,determine the focus of disputes and improve the efficiency of litigation.The false statement of the parties will not only lead to the ambiguity of the truth of the case,the confusion of litigation order and the waste of judicial resources,but also affect the fairness of the referee,thus leading to the decline of judicial credibility.It is also concluded that the theoretical basis for regulating the parties' false statements lies in the true obligation under the principle of good faith and the inevitable requirement of the purpose of civil litigation.Article 13 of the Civil Procedure Law establishes the principle of good faith,and the real obligation is the concretization of this principle,and its essence lies in the prohibition of false statements,including true statements and complete statements.The purpose of civil litigation plays a guiding role in the practice of civil litigation.Although there are many theories in academic circles at present,no matter what kind of theories require the parties to make a true statement.At present,in China's judicial practice,it is common for parties to make false statements in order to win lawsuits or gain certain benefits,which exists in various civil cases and takes various forms,mainly including false statements,false denials and incomplete statements.For this universal phenomenon,there have been some cases and judgments in judicial practice that identify and regulate the parties' false statements.However,compared with the number of false statements of the parties,these rulings are not enough to effectively sanction the false statements of the parties.The reasons are as follows: firstly,the parties' psychology of pursuing interests,and the high profits of false statements that have not been discovered are in sharp contrast with the low costs of false statements;Second,it is difficult and costly to identify the parties' false statements,which leads to the negative treatment of the parties' false statements by the court;Third,the legal basis for the regulation of the parties' false statements is limited and the way is single.Although the new Civil Evidence Regulations of 2019 provides for the parties' false statements,it does not involve the identification rules of the parties' false statements,and the regulation measures are rather crude and need to be improved.Therefore,if we want to further regulate the parties' false statements and really effectively curb this phenomenon,we must clearly define the meaning of the parties' false statements.Based on the judicial judgment of the parties' false statements,we should investigate the manifestations,identification and regulation methods of the parties' false statements in practice,deeply analyze the multiple causes of the parties' false statements,and then propose a perfect path for identifying and regulating the parties' false statements,clarify the constituent elements of the parties' false statements and the procedural rules for identification,and improve the preventive measures and sanctions measures for regulating the parties' false statements in advance.