| Party’s real obligation, as a civil law countries civil litigation system, means the person can not stand in the lawsuit known false or untrue facts they think, and not knowing the other proposition is consistent with the facts of the case or deems it consistent with the facts of the case were still disputed. Which contains true statements and full presentation of two aspects, to prohibit the parties in the litigation misrepresentation. In recent years, China’s judicial practice in the case of a party misrepresentation increasing and getting worse. As our country’s legislation does not obligations of the parties and the legal consequences of a breach of the obligation to make real specification, resulting in false statements, litigation and other acts of wanton parties can not be effectively curbed, seriously affected the fairness of the judicial authority. In response to this judicial situation, it is necessary to learn from the experience to set up outside of the party’s obligations. In 2012 our new "Civil Law" provisions of the principle of good faith and carry out the principle of good faith, the Supreme Court on the application of Judicial interpretation in 2015 as an opportunity to be the rule in principle, Construction party’s obligations under the Civil Procedure Law has become the focus of research.This article will make the first systematic study of the theory and a panoramic view of the party system in the real obligation, based on the party’s obligation to clarify the meaning, nature of the above, based on the analysis on the current situation in China, extraterritorial obligations compare real investigation, in making real after the establishment of our obligations ideas, focusing on how to build the party’s specific obligations in our country. In addition to a summary and introduction, the paper is divided into five chapters, the basic content is as follows:The first chapter, "the party’s obligation Overview", focuses on the basic content of the party’s obligations, Historical Evolution, the theoretical basis and the value and function of other issues. The proper meaning of the party’s obligation to prohibit the parties in the lawsuit claims knowingly or from that of non-real facts, as well as knowingly or since that time and the fact that the other party claims made consistent, still unprovoked dispute. It is intended to prohibit the parties misrepresentation, extension covers the true statements and complete presentation of two aspects. After its clear concept, taking deductive method, the party’s obligations in the "real standards", "statement" content, as well as the legal obligations of the two sides of the obligation to make a lot of real analysis. This chapter also describes the civil parties to the real history of the rheological obligation to analyze the procedures and system features real value obligations and theoretical basis from its inquiry. Civil party’s obligation to comply with the purpose of the amendment is to debate doctrine is the requirement of good faith and reflect the principle that has strong theoretical foundation.The second chapter, "the party’s obligations under the vision of our investigation," discusses two main specifications from our judicial and legal practice. Although the Chinese Civil Procedure Law does not specify the party’s obligation, but in judicial practice, the parties increasingly serious misrepresentation of the situation and has been part of court sanctions for misrepresentation of practice; legal norms in the existing part of our laws, regulations and judicial interpretations have also been reflected in the content and requirements of the relevant parties to real obligations. In this chapter, based on the one hand, on the basis of empirical research, the introduction of thinking from a Case of the relevant circumstances of the parties misrepresentation of judicial practice empirical research, and on this basis, the parties made a false statement of reasons analysis. On the other hand, examines the existing legal norms embodied in our party’s obligations under the requirements of the relevant content, and pointed out that there is a lack of existing legislation clear system of obligations under real lack of specific provisions of the legal consequences of violating the real obligations of the parties positioning contradictory statements and the lack of respect to the other party, such as the issue of remedies.The third chapter, "A Comparative Analysis of the party’s extraterritorial obligations", focusing on the two legal investigation in relation to the State party’s obligations, real content of the legal consequences of violating the obligation, two legal obligations related to the real revelation compared with three aspects. This chapter focuses on Germany, Japan, the relevant rules and the rules of evidence of the parties represented real obligation to investigate the United Kingdom and the United States as the representative of the fact that the statement, opinion confirmation rules. On the basis of the two legal systems in relation to the State party’s obligations and the legal consequences of breach of the obligation to make the real difference described above, the relevant rules of the two legal systems of the countries analyzed were compared, and eventually come to the Enlightenment to China.The fourth chapter, "the party’s obligation to establish the idea in our country," First of all, the necessity and feasibility of the establishment of the existence of the party’s obligations. In terms of the necessity to establish the obligation of judges to identify the true facts of the case requires, is to maintain the efficiency of the proceedings and order requirements, is needed reform of civil litigation, is a false statement to curb judicial practice needs. From the feasibility in terms of the establishment of the real obligations civil trial was supported by the results of reform in our country, gained the support of China’s Civil principle of good faith, but also with our technical support legislation, the traditional concept of honesty and integrity of the building of modern support. Secondly, this chapter discusses the establishment of the party’s obligations path selection, and statements by the parties in the dual position based on our Code of Civil Procedure, the parties will be our real duty is positioned as the fact that the real truth of the statement of claims and evidence statements duty obligations.The fifth chapter, "the party’s obligations to China’s specific build," focuses on the style of the party’s legislative obligations and content settings, in violation of the legal consequences of the real obligations and Rules, applicable to our client’s specific duties and obligations of the real Problem safeguard mechanism. First, specifically addressed the legislative system of the party’s obligations, and in distinguishing factual claims statements and statements of evidence on the basis of the parties to set the specific content of the party’s obligations listed by classification type. Secondly, expounded China’s violation of the rules and obligations specifically identified adverse legal consequences that a breach of the obligation Elements true, finds the body, finds contents of the program, the legal consequences of procedural and substantive legal consequences. Again, the analysis of the real obligations of the parties in the application of admission and the proof, and to clarify the applicable limits of the real obligations. Finally, the parties discussed the security mechanism of the real obligations of the parties through the establishment and improvement of a statement sworn system, the parties stated system, civil perjury investigation system, mandatory defense system and the types of cases, particularly censorship to protect the country’s obligations effectively apply. |
