Research On The True Statements Obligation Of The Parties-

True statements obligation of the parties is a specific legal system which associated with the principle of good faith. Many western countries emphasized collaborative action and clearly stipulated true obligation provision. Nowadays, the malicious litigation and false lawsuit which disturbing the trial order and destroying the judicial authority are not rare in China. In the current law and justice practice, there are also many limitations, such as the vagueness and the difficulty to operate with true statements obligation of the parties."Civil procedural law"revised in2012, concerned litigation integrity, combated malicious action and wrote "civil litigation shall follow the principle of good faith" for the first time. True statements obligation of the parties has three features:subjective authenticity, verbal declaration and legal obligation. As the false statement with low legal cost, the parties’ psychology of benefit-tending and harm-avoiding easy to expand, and fabricate facts to abuse of the right to appeal. In the course of the proceedings, the parties intentionally make false statements and conceal the truth to make incomplete statements or reject declaration, even make collusion with false self-admission. By learning from the legislative experience of foreign countries, we can give the fine or other civil coercive measures with the parties who make false statements to ensure the statements be true, aggrieved parties can also institute tort suits in time. At the same time, the parties fill in the written material to guarantee its honesty in the each link of procedure. For instance, strengthening the pretrial evidence exchange, providing the loss of reply rights and so on. Last but not least, increase the rate of the parties to appear in court, raise the court debate cross-examination effect and strengthen the judge’s interpretation right.