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真实义务是当事人对法院及相对方应负的诉讼法上之义务,亦是诚实信用原则在诉讼中的具体化,其在防止当事人虚假或不实陈述、禁止当事人以不当的方法获取非正当利益及滥诉、促进诉讼及协力法官发现真实等方面具有重要意义。在我国,真实义务虽已初具其制度外形,但尚缺可供其良性开展的逻辑前提、规则体系及配套制度。确立辩论主义,构建其规则体系,规范阐明义务的运作,完善相关配套制度,是真实义务有效开展的必由之路。
The true obligation is the party’s obligation to the lawsuit of the court and the counterparty. It is also the embodiment of the principle of good faith in the litigation. It prevents the parties from making false statements or false statements and prohibits the parties from improperly obtaining improper interests And abuse of litigation, litigation and third-party judges to discover the truth and so on is of great significance. In our country, although the real obligation has begun to take shape of its system, it still lacks the logical premise, rules system and supporting system for its benign conduct. The establishment of the debate doctrine, the construction of its system of rules, the normative elucidation of the operation of obligations and the improvement of relevant supporting systems are the only ways for the effective implementation of the real obligations.