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Several questions about the perjury

Abstract: China's new Criminal Code made significant changes to perjury, but that is the case, scholars are still some of the issues of perjury rather criticism. In this regard, this article the author attempts to subject to perjury, and several other issues to make some Chuqian elaboration. Key words people a false record of acts of perjury perjury is a species of the old charges, according to scholars study in ancient Babylon there on the provisions of perjury. dynasties in ancient China, this law is also attached importance to the legislation for the punishment of perjury, especially in New Penal Code of 97 years for perjury in the range of spatial and temporal behavior of perjury and perjury made significant changes to the legal type, and perjury in the Criminal Code from 79 years of adjusted to the Can be said that the new Criminal Code changes on many Perjury, reflects the new understanding of perjury. However, careful study of the specific provisions of the relevant provisions of other countries and compare the requirements for perjury, you will find the new Criminal Code of the adjustment of perjury escape the Some scholars believe that is 'very thick grass but no' the. range, perjury and other forms of intentional acts of the problems in several areas on the discussion, combined with the relevant provisions in other countries proposed changes in legislation reference. First, the main body of perjury - a record of people could become the subject of perjury? Amended in 1997, China adopted a new Penal Code Section 305 provides: plot, intentionally makes a false certificate, identification, recording, translation, intended to frame others or conceal criminal evidence, three years imprisonment or criminal detention; circumstances are serious, three to seven years imprisonment. the main body of perjury as a special subject, the specific witnesses in criminal proceedings,[link widoczny dla zalogowanych], expert witnesses, records and translator, which any person other than the main four are not as the subject of perjury. China's new criminal code for the subject to the provisions of perjury, scholars have a lot of controversy is whether the record of people as the subject of perjury. There are two very different cut to this point of view. Sure that that record is obliged to make accurate records, you must sign the record, it made a record of people making false records can constitute perjury. Denied,[link widoczny dla zalogowanych], said that the records were recorded in the proceedings when the activity is actually a kind of judicial duties by the staff, the false records did not have of points 169 and 171 respectively provide, , perjury law is limited to the main body of the oath of witnesses, experts, interpreters and translators people. Taiwan, China In addition to the Russian Criminal Code provides for the implementation of the above three categories of persons other than the crime of perjury, but also that In addition, the Swiss Criminal Law, Criminal Law in South Korea, only the main body of perjury, including witnesses, experts and interpreters were three categories. Foreign criminal law and criminal law of Taiwan, who generally are not logged into the main body of the scope of perjury is not by chance, can explain precisely the fact that countries do not agree with falsified records, criminal behavior, Second, the records the records of behavior and witnesses, experts, translators proof of identification, translation behavior is not the same in nature. As participants in the proceedings of the witnesses, experts, translators with the relevant acts Among them, the witnesses and expert evidence made by the expert conclusions, the law expressly provided all types of evidence, can be directly used to make judgments about something real. Translator translation results, though not independent evidence types, but its behavior is knowledge of its language side, From China People's Court Organization Law and the relevant provisions of the Organic Law of the People's Procuratorate of view, record full-time staff behavior is recorded in the case of judicial proceedings of an activity, the whole process of trying cases is an objective record evidence, not the formation of the activities This behavior clearly does not have the sense to give evidence, it can not be a Foregoing reasons, the paper argues that one of the new Penal Code will be recorded as one of the main perjury defective provisions. For the record the intentional acts of false records, it should be treated as a crime of obstruction of evidence. Because the destruction is actually a false records, forgery into evidence. Records the records activities in the statement of the parties to the proceedings, the testimony of witnesses and other objective existence of things fixed in some material form, a record of people in the process of false records of behavior is the behavior of the evidence tampering. If the case constitutes a crime shall be treated as a crime of obstruction of evidence. Second, the existence of acts of perjury in the existence of acts of spatial and temporal scales of time and space for the range of perjury,[link widoczny dla zalogowanych], some scholars from both broad and narrow are described, that the broad sense, perjury can only occur in a criminal trial; from a narrow sense, perjury can only occur in the course of criminal proceedings. From the provisions of the new Penal Code of view, this understanding seems to be no errors. However, some scholars in the careful study of the legislative intent of perjury and foreign legislative situation, that would be perjury in Criminal Law into space limited the scope of criminal proceedings defective, this should be extended to civil and administrative proceedings.

in nature, acts of perjury is a prejudice to national jurisdictions. Pick the best of perjury legislation, the most fundamental purpose is to maintain order and national jurisdiction of national judicial security, which is by the modern criminal law theory and practice generally accepted by the criminal legislation. From China's new criminal law of perjury in the criminal law from the old and acceptance. However, the same as the composition of the national judicial system, part of why the civil and administrative jurisdiction and criminal jurisdiction did not get the same treatment? Does this mean that the judicial power in our system of criminal jurisdiction over civil and administrative jurisdiction is more important? The answer is change. In fact, criminal trials, civil trials and administrative trials are part of the national judicial functions, the jurisdiction of the judicial system was mainly due to their respective division of the functions of different, but who does not exist who is light weight problem. China's new criminal law in the absence of this point, not only of perjury in the specific legislation should regulate the value of the design, but also created difficulties in judicial practice there. Such as. Directs others in civil and administrative proceedings would constitute a crime, perjury, and he Law seems absurd at this moment is so surprising! In addition, the study of foreign legislation difficult to find, especially in civil law countries the national legislation of legislation, very few would constitute acts of perjury perjury limited to criminal proceedings only. Japan, France, Switzerland, South Korea, the occurrence of acts of perjury were not limited to criminal proceedings, the Russian Criminal Code, too,[link widoczny dla zalogowanych], just acts of perjury in criminal proceedings as an aggravating circumstance to be provided. Appear similar legislation in China is the deliberately as he knows to be false or does not believe is a true statement of criminal behavior. However, this does not show that common law countries, the criminal punishment only acts of perjury in criminal proceedings. In fact, in Britain and the U.S., perjury can also occur in civil proceedings, and, outside the common law provisions of the development is often in the administrative and other non-judicial procedures, such as rebates or please declare the retirement payments, the perpetrator intentionally false oath, and also constitute perjury. To say, whether it is watching from the nature of perjury, it is quite the legislation around the world, all of the provisions of criminal law was the the Three acts of perjury at the Foreign 刑法理论界 in which there are two views: one is objective, said a subjective said. Objective to say that the contents statements whether as a standard of objective truth, that this crime is to protect the judicial activities of the establishment of the correctness of the content and objective statement of the facts, then the statement is false, even if the statement is deliberately making false subjective statements, but they do not violate the objective reality, no actual harm results, the statement is true. Subjective statement that is considered to determine whether the contents of false statements does not depend on whether the contents of the objective facts, and decided whether the presenter subjective experience of his statement of facts is accurate, and if so is that the statement is true, even if and objective facts, but also real. Conversely, if the statement is contrary to the facts of the experience,[link widoczny dla zalogowanych], even if the statement of the contents of the objective facts, is false. Comparative analysis of these two views we can say objectively that the objective truth as the sole criterion does not meet the basic principles of criminal law theory. If the statement's statements are not consistent with the objective truth, but it is their understanding of the situation and a true reflection of their understanding of this case, statements were not made intentionally false statements, can not constitute perjury. Subjective statement that people in the statement of the facts against their experience, even if the statement is consistent with the objective facts, statements were also false representations. However, in this case, the objective statement of the behavior of people is not harmful to the society, and not have be punitive. Therefore, the judge acts of perjury false, should adhere to the principle of unity of subjective and objective, that is false perpetrator's subjective intent, objectively false statements were the only way to identify the perpetrator of the act is false. Fourth, purpose of the act of perjury for false testimony from the crime of criminal law provisions can be seen, the perpetrator's conduct constituted perjury, there are two situations: First, the subjective intent of framing others, the objective intentionally makes a false certificate; Second, the subjective intention of hiding evidence, objectively intentionally makes a false proof. It seems from the practice, China's criminal law provisions for perjury inherent deficiencies. Fundamentally, the perjury, but the purpose is to cause people to sin and to set free the two crimes. Attempt to cause the crime of perjury the foregoing is the first case of Although this is the subjective purpose of perjury, but if as the subjective aspects of perjury as defined in the Penal Code came out, it will cause problems in the judicial determination. For example: on the second perjury case, when the criminal law will be That is, only when the crime is against perjury court finds, after perjury was set up. So, this link itself is correct in theory, but in some cases it makes difficult to prove perjury. Act of perjury is an objective order of a criminal act of obstruction of justice, in this sense, only the perpetrator of the act of perjury with intent to commit perjury about whether, as it What is the purpose species intentionally, does not make changes in the nature of such acts. Therefore, if the objective aspect of perjury as Some foreign legislation to provide the corresponding reference. The pre-trial court or the decision in the end the court ruled that trial proceedings before the automatic revocation of the certificate has not punishment The premise of his statement to any person who knowingly false, still intent to mislead, the oath or solemn declaration, affidavit, solemn declaration or testimony or oral form, the face of the evidence heard by the person legally authorized to making false statements, for perjury . (2), whether in judicial proceedings under subsection (1) referred to the statement (1) shall apply. (3), without the special permission of the law, the testimony of those who authorized or required to make the first (1) referred to the statement (1) shall not apply. intentionally false testimony for perjury subjective, so as not to be targeted with criminal perjury linked. French Penal Code also provides for the automatic revocation of perjury perjury, not punishment, to encourage perjury by automatic recognition of their acts of perjury, eliminating the people in the perjury after perjury dilemma. From the legal terms, perjury is the act of obstruction of justice activities, the definition of perjury with the perjury when the crime for separate, this is some theoretical basis.

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