On The Perfection Of The System Of Interrogating Parties In Civil Procedure

In Chinese civil litigation,although the statement of the parties is one of the legal forms of evidence,the value of its evidence has been buried for a long time,only in the name of the evidence and no evidence of the truth.Article 110 of the "Interpretation of the Supreme People’s Court on the Application of the Civil Procedure Law of the People’s Republic of China" established a system of interrogation of the parties,through the use of witness recognizance rules,to give independent evidence value to the parties’ statements obtained based on the interrogation.The value of evidence is prominent,which distinguishes the evidential statement from the assertive statement,and the court can cancel the guard attitude in the use of the party’s statement,which is a huge improvement in the evidence system.The system of interrogating the parties will be the legal obligations of the parties to appear in court,answer and answer truthfully,so that the judge can obtain the evidence of the parties in addition to the evidence presented in the court trial of both parties,and it adds an important means for the judge to ascertain the facts of the case.At the same time,in order to ensure the reconfirmation effect in the inquiry procedure,increase the punishment of false statements,which is conducive to the observance of the principle of good faith,and is more conducive to reversing the predicament of lack of integrity in civil litigation and the proliferation of false statements.Interrogation of parties and evidentiary statements is the relationship between evidence investigation methods and evidence.The purpose of interrogation of parties is to obtain evidentiary statements to help judges ascertain the facts of the case.Therefore,research on the system of interrogation of parties certainly includes interrogation procedures to remove the evidentiary statements from the parties.The separation of statements is the study of distinguishing the parties’ statements into evidential statements and assertive statements,and the corresponding studies on cross-examination,authentication rules,and disciplinary rules for false statements.The existing system of interrogating the parties has limitations on the initiation subject,the initiation time is ambiguous,the interrogation rules are missing,the cross-examination of the parties’ statements obtained in the interrogation,the authentication rules do not match,and the punishment for false statements is imperfect.Less than full play.In the future,legislation should increase the types of inquiries requested by parties,clarify the specific interrogation rules for in-court interrogations,stipulate cross-examination rules and authentication rules that match the statements of the parties obtained from the interrogation,and improve sanctions for false statements.