On The Litigant’s Obligation Of Truthful Statement In Civil Litigation

Article 63 of Several Provisions of the Supreme People’s Court on Evidence in Civil Proceedings(PECP)revised on December 25,2019 specifies for the first time the obligation of parties to make statement in good faith,requiring them to undertake the obligation of truthful and complete statement in the proceedings.In the past,the discussion on the obligation of truthful statement mainly focused on the demarcation line between the obligation of truthful statement and adversary doctrine and disposition principle,and the relationship between the obligation of truthful statement and self-admission,recognition of claim and burden of proof.However,PECP do not specify the definition of the obligation of truthful statement,or the rules for the identification and the supporting system of the obligation of truthful statement.As far as the criterion of PECP is concerned,China has established a more stringent obligation to state the truth,and put forward higher requirements to the parties.In order to find out the judicial practice of the obligation of truthful statement,this paper searches the judicial cases,and sums up the characteristics and shortcomings of the obligation of truthful statement through the analysis of specific cases,and makes of proposals.This article consists of three chapters.Chapter 1,a summary of the party’s obligation of truthful statement.This chapter first introduces the relevant provisions,social background and the process of establishing the obligation of truthful statement,clarifies the basic connotation of obligation of truthful statement,and analyzes the theoretical basis of the obligation.At the same time,this chapter introduces the relevant provisions of the obligation of truthful statement abroad,and carries on the comparative analysis.Chapter 2,the practice of the party’s obligation of truthful statement in China.This chapter makes statistics and analysis on cases involving the violation of the obligation of truthful statement,including cause of action,the methods for determining the violation of the obligation of truthful statement,the harmful consequences of the violation of the obligation of truthful statement,the reasons for punishment,the purpose of punishment and the subject of punishment,and summarizes the current practice of the obligation of truthful statement in China.Chapter 3,standardization and optimization of obligation of truthful statement.This chapter explains that the current obligation of truthful statement in China has a functional alienation;be sanction-oriented and lack of protection of the rights of the parties;inconsistent practice,lack of unified standards,and proposes corresponding solutions.