With the rapid development of economy,the temptation factor embedded in the modern society is also increasing,the parties based on the interests of the drive,the phenomenon of false statement in the lawsuit is not uncommon.In order to cope with this situation,it is necessary to strengthen the real obligation of the parties.The obligation of truth is the requirement for the truthfulness of the statement of the parties in the civil procedure law,which aims at not allowing the parties in the process of litigation to make claims for the facts that they have known to be untrue or that they subjectively believe to be untrue,and not to intentionally dispute the facts that the other party knows to be true.The study of true duty in China needs to absorb the essence of the theory of true duty to the parties outside the country,and explore the evolution and development of true duty,the connotation of true duty and the establishment basis through literature analysis,case study,comparative analysis and experience summary,combined with China’s judicial practice.The establishment of true obligation is the amendment and limitation of the doctrine of debate,the concentrated embodiment of the principle of good faith,and the specific requirement of the obligation of litigation promotion.Although the theoretical research on true duty in China is a little slow,the relevant rules have already taken shape.However,in judicial practice,false statement and malicious denial are still repeatedly prohibited,and the forms of false statement are also different,which greatly reduces the justice of the procedural character,and finally leads to the unprecedented dilemma in the judicial application of true obligation.The reason is that it is difficult to identify false statement in judicial practice,the adversary system design is not perfect,the punishment mechanism of false statement is single,the guarantee system of true obligation is not perfect,and some problems need to be solved urgently.For the above mentioned real obligation for problems encountered in our country,puts forward relevant solutions,compulsory concrete reality,establish the boundary position of debate doctrine,rational build real obligation diversified punishment mechanism,perfect the security system of the real obligations,as the legitimacy of civil procedure to lay a more solid foundation,is necessary. |