Research Perjury Evidence In Civil Litigation Legal Issues

Since China’s "Civil Law", in civil law practice often occurs such a phenomenon, Civil participants deliberately fabricated, fictional, tampering with evidence and facts related to, or civil litigant’s own implementation of the act or bribed or threatened civil litigation cases third parties who provide false evidence, or civil action auxiliary person, such as appraisers, translators and inspectors who for some self-interest and provide false evidence. This phenomenon will undoubtedly affect the normal activities of civil judicial order, impair the national judicial justice and legal rights and interests of the people’s legitimate. Thus, in order to curb civil litigation process perjury interference to civil judicial procedures, reducing barriers to justice for the process made by the people’s court to protect the legitimate interests of the civil parties and the maintenance of law and solemn sacred, the decision must now pay attention Civil Evidence of perjury problems and to solve the problem to make the necessary research.From the substantive point of view, the evidence in the civil action is an issue of perjury in civil activities appear legal issues. The wording of this article is the idea that since the problem is generated in the course of civil proceedings, they would have to find a way to learn to solve problems of perjury, should be studied and considered from a regulatory and legal responsibility to the proceedings. In legal proceedings for perjury in civil litigation process system regulation, and accompanied by appropriate legal liability, should be present on the system of legal regulation of perjury and forgery regulatory rules on foreign analyzed by examining the country, out of Discrimination Currently appear perjury causes and manifestations, distinguish the main problem, from abroad through regulation of perjury, perjury find solutions to the judicial practice in China. Existing legal provisions punishing acts of perjury the way detention, fines and be held criminally responsible three. Further research on the issue of civil litigation perjury, in theory, help to improve the way these sanctions. At present, China theoretically Civil Law Legal Issues perjury evidence has begun a certain scale, and achieved some results. Most scholars perjury manifestations, constitute conditions, the presence causes and prevention aspects of governance was investigated. As Ma Jingshun, Zhao Mingshan, Liu Zhi, Li Yuhua and other judicial workers and law professors engaged in legal practice, and they exist in Civil perjury issue have put forward their point of view useful, but generally are from a legal advocate setting strengthen the legal constraints on the behavior of perjury, but rarely from a moral point of view to prevent and treat the problem of governance perjury.Features of this article is, on the one hand, these scholars to absorb the views of civil litigation in detail the issue of perjury, on the other hand by theoretical studies of this article, to reach a new perspective that is from the perspective of the principle of good faith to resolve civil The purpose of the proceedings in the presence of perjury issue. Our Civil law provides for civil proceedings, the parties must follow the participants in the proceedings of the legal principle of good faith. Principle of good faith performance of the parties involved in civil litigation proceedings were to be involved in all aspects of the real attitude in accordance with objective, facts and tell the truth, seek truth from facts. But our civil law does not specify individual rules principle of good faith, the lack of specific behaviors Civil main proceedings When reference. Therefore, this paper to study theoretically the principle of good faith to implement specific provisions in order to provide a viable strategies for solving practical problems of civil perjury.This paper was divided into four parts, namely the Civil evidence of perjury overview of the reasons for our current situation, and solve countermeasure exposition and argumentation. The first part of the evidence in the civil action concept, characteristics and classification of perjury combed, focuses on civil litigation perjury characteristics and classification; the second part describes the current status of evidence in civil proceedings perjury our current problems, hazards and the necessity of punishing perjury, focuses on the necessity to punish acts of perjury in this section; the third part analyzes the evidence of three perjury Civil causes, including those factors, social factors and psychological and moral factors, interest factors section were focused on interpretation; fourth part describes the countermeasures proposed by acts of perjury, legal regulations and experience through analysis and induction of foreign resolve civil action taken by the perjury and made a sound principle of good faith by the specific system in order to achieve the purpose of evidence in civil litigation to resolve our problems perjury.