Research On The System Of The Obligation Of Truthful Statements By Civil Litigants

It often occurs that parties to civil litigation in China deliberately make untrue statements about the facts of a case in litigation activities,which will hinder the smooth progress of judicial procedures,be detrimental to safeguarding the legitimate rights and interests of the parties and realizing judicial justice.At present,the measures to solve this phenomenon in China’s legislation and practice are not specific and perfect,and there is a lack of a system that is specific and effective enough to protect the true statements of the parties to save judicial resources and maintain substantive justice,which will encourage the bad atmosphere of the parties making false statements in order to achieve their own purpose of winning the case.This paper conducts research on the parties’ true statement obligation in civil litigation in China,seeks appropriate reference ideas from relevant excellent foreign experience,and considers the possible path of establishing a party true statement obligation system in China based on China’s legislation and judicial reality,in order to provide a relatively specific and operable legal basis for regulating the parties’ untrue statement in civil litigation and hindering normal judicial activities.Starting from the overview of the parties’ obligation to make a true statement,this paper combines the understanding of Germany and Japan on the connotation of the party’s obligation to make a true statement,forms the connotation of the party’s obligation to make a true statement that this article will explore,and sorts out its evolution in foreign countries.From the perspective of the purpose of civil litigation,the specific application of the principle of good faith and the revision of classical polemics,the importance of the existence of the party’s obligation to make a true statement is demonstrated,and the litigation value of the obligation is expounded,which provides a solid theoretical basis for the establishment of the party’s obligation to make a true statement in China.Combined with the legislative situation and regulatory status of foreign parties’ true statement obligations,this paper summarizes the enlightenment of the creation,legal consequences and supporting systems of the parties’ true statement obligation system in China,which provides a good reference for the construction of the parties’ true statement obligations.By examining the legislative status and judicial status of the domestic system of the obligation to make a true statement,the existing problems of relevant case studies are summarized,and the necessity of establishing the obligation to make a true statement in China is further revealed.This article gives suggestions for the problems found.On the basis of drawing on extraterritorial experience and China’s actual situation,improve the identification standards and accountability mechanisms for China’s civil litigants’ obligation to make truthful statements,improve the regulatory system for agents ad litem to violate the obligation to make truthful statements,pay attention to the protection of the rights of the other party,strengthen the parties’ obligation to appear in court and make statements,and establish the parties’ oath system,so that the party’s true statement obligation system can give full play to its positive role,ensure that the system meets the needs of judicial practice,and avoid being a formality.