The Parties’ Obligation Of Stating According To The Facts In Civil Procedure

The Civil Procedure Law of the People’s Republic of China stipulates the parties’statements for one type of statutory evidence,but this stipulation is general,the legislation doesn’t specify the operational procedures of the parties’ statements,such as how to bring up the parties’ statements,the judge how to review the reality,whether the parties have the right to reject to state and so on.At the same time,considering that the parties have a direct concern in the result of the case,so that the parties’ statements have the natural characteristics of both truth and falsity,the 75th clause of "the Civil Procedure Lawe" regulate:on the statements of the parties,shall be combined with other evidence of the case,review to determine whether as the basis of ascertaining the facts or not.If the parties refuse to state,it doesn’t affect the judge determine the case’s facts according to the evidence.And,in the 1998 the Supreme People’s Court "some provisions about civil economic trial mode reform"(hereinafter called the "the trial reform" for short),the 21th clause also stipulate that the parties for their claim.only have their own statements but don’t have any other relevant evidence,in addition to the other party’s approval,the claim can’t be supported.This makes the parties’ statements in a embarrassing position in reality.In the judicature practice,the parties’ statements are often difficult to as an independent type of evidence if only have parties’ statements without any other evidence to support in a case,the judge doesn’t accept generally,and repeatedly stressed that the "A mere verbal statement has no binding force,must supported with evidence".So,the parties’ statements don’t in effect as one type of legal evidence.How can we let the parties’ statements match the reality?In order to make the parties’ statements as a type of legal evidence into effect,in order to avoid the distortion,false statements,in order to realize the essence of justice and promote litigation,it is necessary to study the parties’ obligation of stating according to the facts.This paper consists of four parts.The first part begins with the origin and evolution of the principle of good faith and obligation of truthfulness to explore the connotation of obligation of stating according to the facts,and to explore the relationship between it with the obligation of litigation promotion and the obligation of evidence together to deepen the understanding.The second part to inspect the legislative and judicial present situation about the obligation of stating according to the facts in our civil lawsuit,and to analyze the danger that lack of the obligation of stating according to the facts,and attempts to put forward some relative proposals for constructing the obligation of stating according to the facts.The third part to inspect the legitimacy foundation for the parties’ obligation of stating according to the facts,including the value,necessity and feasibility.The fourth part to put forward the concrete scheme of construction,the legislation shall set the the parties’ obligation of stating according to the facts,including its scope for suitable,specific requirements and consequences.At the same time,we should establish the related guarantee measures,including the parties’ inquiry system,the parties’ Oath system and the procedure right of dissent.