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On Perjury

Posted on:2012-08-04Degree:MasterType:Thesis
Country:ChinaCandidate:J L HaoFull Text:PDF
GTID:2216330338459756Subject:Science of Law
Abstract/Summary:PDF Full Text Request
With the rapid development of economy and society and the significant increase of people's living standards, this brings people unprecedented material enjoy to people, at the same time, this also leads to tests for a variety of values and integrity. New material, interest, complex social relations inevitably lead to turbulence of the t popularity traditional morality. Perjury acts of ignoring legal authority and defying the dignity of law are raging popularly.Response to the legal level, these questions not only jeopardize the activities of people's courts, affect case's quality and efficiency, waste valuable legal resources greatly, increase litigation costs and violate the rights, reputation and mental and physical health of the parties, and at last sharpen contractions between parties. More seriously, if the perjury act is admissible, this will inevitably lead to errors in the court referee, causing the innocents lose legal rights ,take an undue obligation and hit the confidence of the fair administration of justice and legal system at the same time, affecting the society stability and hindering the building of a harmonious socialist society.Therefore, it is urgent to further strengthen the awareness and understanding of perjury and practice improvement. This requires to take measures to raise the legal level of ordinary people, except for strengthening legal advocacy. Moreover, it should be to regulate strictly and guide correctly, crack down on forgery behavior and safeguard judicial authority. However, the contraction between complex society and relative stability of the Criminal Law leads to the lag of Criminal Law. The provisions of the existing criminal law can't meet the requirements of legal practice apparently, so various statements for the perjury appear one after another.This article analyzes perjury from the perspective of criminal law, and is divided into four parts. Part one outlines the historical development of the process of perjury and stresses the necessity of punishing perjury at any time of the social development. Part two is the constitutes of our country perjury, analyzing perjury from the perspective of the constituent elements. Part three is the problem of identification of perjury, deepening understanding of perjury by comparing perjury itself and other crimes. The last part is to propose advices of improvement for the controversy of perjury, such as the changes of perjury subject and limitation of the scope of perjury application, and so on.It needs the joint efforts of the entire community to protect the legitimate rights and interests of citizens and establish a fair and impartial judicial authority. And the socialist legal system also needs the common to promote. I hope that through the analysis of this article to bring a reasonable suggestion for judicial practice and legislation, reduce the social harm of perjury, safeguard social stability and build harmony society commonly.
Keywords/Search Tags:Perjury, Crime Constitution, False Meaning, Judicial Determination, Feasible Analysis
PDF Full Text Request
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