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对当事人真实义务的内涵,各国学者的解读有所差异,其作为一项法律义务在民事诉讼法上的确立,也经历了旷日持久的争论。我国民事诉讼法对此并无明确规定,但在我国的司法实践中因当事人恶意诉讼、迟延诉讼、虚假陈述而损害对方当事人权益的现象也越来越引发诸多担忧。我国民事诉讼法是否应当确立真实义务、真实义务在民事诉讼立法中应当如何加强,是一个亟待解决的问题。
As to the connotation of the true obligations of the parties, there are some differences in the interpretation of scholars from all over the world. As a legal obligation, the establishment of the law in civil procedure has also undergone protracted debates. However, in our country’s judicial practice, due to malicious litigation, delay litigation, false statements and damage the rights and interests of the other party’s phenomenon has also led to a growing number of concerns. Whether the civil procedure law of our country should establish the true obligation and how the real obligation should be strengthened in the legislation of civil procedure is an urgent problem to be solved.