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当事人向法庭真实陈述事实的本来面貌,使案件事实回归尚未发生诉讼之前的状态,这既符合国人对法律的一种朴素情感的需求,也有利于法官归纳案件争议焦点,促进法官及时啼理案件并作出公正裁判;否则不仅拖延诉讼程序,妨碍司法公正,甚至可能导致法院的误判和司法秩序的混乱。目前我国民事诉讼司法实践中虚假陈述大量存在,对当事人虚假陈述进行规制有其必要性和可行性。各国虚假陈述规制制度虽有不同,但均是建立在法律明文规定的基础上。有鉴于此,在我国民事诉讼诚实信用原则已法定化但还尚未规则化、虚假陈述惩罚性制度尚未建立的情况下,应当以诚实信用原则为指引,适用并完善现有规则对虚假陈述进行规制。
The true facts of the parties to the court to the true appearance of the case, the facts of the case before the litigation has not yet returned to the state, which meets both the people of a simple emotional needs of the law, but also conducive to the focus of the judges to summarize the case contr? And make a fair judgment; otherwise it will not only delay the proceedings, hinder judicial fairness, and may even lead to miscarriage of justice and judicial order. At present, there are a lot of false statements in the judicial practice of civil litigation in our country. It is necessary and feasible to regulate the parties’ false statements. Although there are differences in the system of regulation of false statements in various countries, they are all based on the express provisions of the law. In view of this, in our country, the principle of honesty and credit of civil litigation has been legalized but not regularized, and the punitive system of false statement has not been established yet, we should use the principle of good faith as a guide, apply and improve the existing rules to regulate false statements .