当事人在诉讼活动中,往往为胜诉而故意作虚假陈述,对法官查明案件事实造成误导和阻碍,有时导致裁判不公,严重破坏司法活动的公正性和权威性。为避免此,应对当事人陈述作功能性分析,区分证据性陈述和一般性陈述,并在民事诉讼立法中,根据当事人陈述的不同性质,对当事人如实陈述义务赋予不同内涵,合理构建违反当事人如实陈述义务的法律责任体系。 In litigation, the parties often deliberately make false statements for the sake of success, misleading and obstructing the facts ascertained by the judge, sometimes resulting in unfair refereeing and seriously undermining the impartiality and authority of judicial activities. In order to avoid this, we should make a functional analysis of the parties’ statements, make a distinction between evidence statements and general statements. In the legislation of civil litigation, according to the different nature of the parties’ statements, they give different connotations to the parties’ truthful statements and obligations, Obligation of the legal responsibility system.