Issue Of The Increasing False Evidence In Domestic Divorce Proceedings And Its Countermeasures

With the development of economy,the change of society,the increasingly widespread divorce lawsuit,the problem of property disputes in divorce litigation is becoming more and more serious.In order to obtain the illegal interests of the individual,to achieve the unreasonable purpose of the individual,to provide false evidence in divorce proceedings The phenomenon has become increasingly prominent.In particular,after the implementation of Article 24 of the Marriage Law Interpretation(II),some lucky parties have achieved the purpose of the lawful rights and interests of the aggrieved husband and wife by providing false evidence in the divorce proceedings to bear the husband and wife’s debt Multi-family property or personal debt into husband and wife common debt.Although the Supplementary Provisions of Article 24 of the Judicial Interpretation of Marriage Law are not recognized as common debts of false debts,gambling debts and debts,but the burden of proof is numerous.Coupled with the parties to provide false evidence,confuse the audiovisual,for the identification of personal debt or husband and wife common debt is even more difficult,a little accident will deviate from the just track,can not properly protect the legitimate rights and interests of the parties.China’s theoretical circles and judicial practice have been aware of the existence of divorce proceedings in the false evidence,some people think that can be dealt with by the crime of false litigation,and some people think that through the perjury,to help destroy,forgery evidence to deal with,Can be dealt with by hindering the crime.Judicial practitioners from the point of view of the common debt and personal debt of the couple to protect the interests of the debt-free husband or wife;many scholars from the perspective of evidence from the couple’s common debt in the divestiture of individual debt difficulties;Are aware of the husband and wife a malicious counterfeit debt bad influence,hoping to distinguish between common debt and personal debt to protect the interests of non-debtor husband and wife.In the judicial practice,local courts have done a lot of corresponding treatment in the case of false evidence in divorce proceedings,which has largely protected the rights of husband and wife and non-debtor and the third party.However,due to the lack of uniform standards in judicial practice,the fact that the false evidence of divorce cases is repeated,and the number and amount of false loans are on the rise.Through the analysis of this phenomenon,it is easy to see that there are both the reasons for the legislative and judicial reasons.In the aspect of legislation,the marriage law focuses on the protection of the interests of the creditors,and is presumed to be the common debt of the husband and wife in the law of foreign debt.In the civil liability of false evidence,the intensity is less and the responsibility is less.In the criminal liability of false evidence,The offense is not detailed,the civil proceedings in the false evidence of criminal penalties are not perfect.Judicial aspects of divorce parties to provide false evidence of illegal costs are small,and there are precedents to follow.So the perpetrators aimed at the loopholes in the law,the use of judicial means to achieve personal purpose.On the basis of analyzing the root causes of legislation and the root causes of false evidence in divorce proceedings,the author puts forward the improvement of the corresponding system and procedure.On the one hand,in the process of litigation,the evidence source,the authenticity of the evidence to carry out the investigation to identify whether the evidence is true,whether the debt is true,while strengthening the daily life of the family survey to confirm whether the debt is a common debt.On the other hand,the parties to the false evidence in the divorce proceedings to be responsible,regardless of whether the divorce,divorce after the debt was identified as a common debt or personal debt,to the process of providing perjury,perjury Give a certain degree of punishment,adhere to the principle of fault and responsibility to adapt to the corresponding civil liability,administrative responsibility and criminal responsibility to effectively combat divorce proceedings to provide false evidence to curb the phenomenon of false evidence in divorce proceedings.In order to seriously prosecute the trial discipline,protect the legitimate rights and interests of the parties,the maintenance of judicial authority.