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The Construction Of Civil Perjury From The "blocking" To The "regulatory" Punitive Path

Posted on:2017-05-08Degree:MasterType:Thesis
Country:ChinaCandidate:L L SongFull Text:PDF
GTID:2356330536469828Subject:Law
Abstract/Summary:PDF Full Text Request
The evidence is that the parties rights is the basis,the judge basis of sentencing according to law,"is based on the fact,reflect the law as the criterion" principle.It is because of evidence plays a key role in the whole procedure so that the parties in civil proceedings actively looking for evidence to prove their claims by the court to review the evidence to protect the probative force of the fair.However,with the case of civil disputes is increasing year by year,more and more new and complex,involving the interests of more and more widely,people began to abandon their honesty and credit,and use illegal means to seek private interests,making perjury behavior become more prominent,and even intensified,seriously disturbed the normal order of the trial,the wrong judgment has damaged the party therefore,the legitimate interests of the interference litigation order and harm the interests of the parties,must be given severe punishment.In China's "civil law" article 111 st for perjury provisions,but some problems still exist in practice,for example,punishment is not enough,the behavior cost is significantly lower than that of the behavior results,the deterrent effect is poor;there are loopholes in the provisions of law,can not be carried out in practice.The act of perjury in civil as the research object,first introduced the definition of civil perjury,civil perjury,analysis of the current situation of civil perjury,found the related system of our country,finally,for processing Jinerbuzhi design of different type of civil perjury,including perfecting the existing civil litigation coercive measures,the hinder the civil compensation system for victims of perjury,perjury lawsuit system,criminal responsibility in additional civil perjury.I hope this study can play a certain role in helping to maintain the normal procedure of civil action,and to ensure the fairness of the judgment.
Keywords/Search Tags:Civil perjury, procedural justice, punitive path, civil perjury
PDF Full Text Request
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