The Regulation Of The Party’s Misrepresentation

The statement of the parties is one of the important statutory evidences,which can provide many key materials in the trial of the case,occupy a very important position in the formation of the judge’s free testimony,and also determine whether the case can get a fair and reasonable ruling.At the same time,the true statement of the parties can also prevent the court from wasting a lot of time in investigating the evidence of the case,improve the trial efficiency of civil cases in my country,and help the court to make a fair and just judgment.If the parties make false statements,it will cover up the true situation of the case and cause the judge to make a wrong judgment about the case,which will make the litigation procedure lengthy,and then make the judge’s judgment unfair and undermine judicial authority.Even though China has determined the true obligations of the parties in the provisions of the "Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation" that came into effect on May 1,2020,its connotation and judgment standards are still controversial.In my country’s legal practice,it can be found that there are many regulatory difficulties in the cases of parties’ false statements.It is necessary to learn from the experience of other countries to improve the system of parties’ false statements in my country,so that false statements can be effectively and reasonably regulated.Based on the regulation of parties’ false statements more than two years after the implementation of the "Several Provisions of the Supreme People’s Court on Evidence in Civil Litigation" in 2020,first of all,an in-depth analysis of the related concepts of party statements and parties’ false statements in civil litigation.It expounds the general situation of the party’s statement in our country,the meaning of the party’s false statement,the connotation of the party’s true obligation,the relationship between the party’s false statement and the true obligation,and the specific manifestation of the party’s false statement.Secondly,it discusses the legal status quo of regulating the false statements of the parties in China,and analyzes the problems in judicial practice that do not clearly define the statements of the parties,it is difficult to define the false statements of the parties,and the measures to regulate the false statements of the parties are not perfect.By selecting some countries,introducing the legislative provisions and practical experience of different countries,using the method of comparative research,summarizing the enlightenment of extraterritorial experience to China,so as to better explore the actual operation and system design of foreign countries,so as to have reference significance and enlightenment effect on China’s legislation.Finally,it puts forward suggestions on improving the regulatory system of party misrepresentation in my country,including the reasonable definition of party statement,clarifying the constituent elements and identification procedures of false statement,improving the measures to prevent false statement beforehand,and setting up more reasonable post-event regulatory measures.Figure 0;Table 0;Reference 61...