1. Assuming the responsibilities of asset evaluation, capital verification, validation, accounting, auditing, legal services and other intermediary organizations intentionally provide false documents, the circumstances of the seriousness of the crime, shall be sentenced to not more than five years of fixed-term imprisonment or detention, and shall be punished by a fine.
2. A person who commits the crime of the preceding paragraph by soliciting property from another person or illegally accepting property from another person shall be sentenced to fixed-term imprisonment of not less than five years and not more than ten years, and shall be fined.
The criminal law academia on the civil litigation occurs in the perjury can constitute obstruction of justice type of crime is more controversial, mainly focusing on the following two aspects:
(a) is the civil litigation process can constitute obstruction of justice type of crime. Some believe that obstruction of justice can only be applied to the criminal process, can not be applied to the civil and administrative litigation process; some believe that obstruction of justice should be applied to all the litigation process, including, of course, civil litigation. Article 307, paragraph 1, of the Criminal Law stipulates: "Anyone who prevents a witness from testifying or instructs another person to commit perjury by means of violence, threat or bribery shall be sentenced to fixed-term imprisonment of not more than three years; if the circumstances are serious, he or she shall be sentenced to fixed-term imprisonment of not more than seven years." The law does not limit the type of proceedings in which the crime of obstruction of justice category occurs.
(ii) is whether instructing another person to commit perjury requires violence, threats, bribery and other methods. It is argued that the three criminal means of violence, threats and bribery cover both cases of preventing witnesses from testifying and instructing others to give false testimony. Some people believe that the first paragraph of Article 307 of the Criminal Law prevents witnesses from testifying by means of violence, threat or bribery and instructs others to commit perjury are juxtaposed, and that the degree of harm of preventing witnesses from testifying and instructing others to commit perjury is different, with the latter being significantly greater than the former; therefore, the former is restricted by the three criminal means of violence, threat or bribery, while the latter is restricted by the three criminal means of violence, threat or bribery. Means to restrict the former, while the latter in the crime of relaxation of the restrictions.
This shows that China's civil and criminal procedure law will be perjury expressly provided. For civil litigation lawyer perjury, once found, will be disqualified, and according to the severity of the circumstances to be punished.
I hope the above content can help you, if you have other questions please consult a professional lawyer.
Legal basis: "Chinese people's *** and national civil procedure law" article 111: litigation participants or other people have one of the following behaviors, the people's court may, according to the severity of the circumstances to be fined, detained; constitutes a crime, shall be held criminally responsible:
(a) forging, destroying important evidence, hindering the people's court to hear the case;
(b) the use of force, threatening, destroying important evidence, obstructing the people's court to hear the case. (B) preventing witnesses from testifying by means of violence, threat, or bribery, or instructing, bribing, or coercing others to give false testimony;
(3)) concealing, transferring, selling, or destroying property that has been seized or detained, or property that has been inventoried and ordered to be kept in safekeeping, or transferring property that has been frozen;
(4) against a judicial staff member, a participant in a lawsuit, a witness, an interpreter, appraisers, surveyors, or persons assisting in the execution, insults, slanders, false accusations, beatings, or retaliation;
(5) obstructs judicial personnel in the performance of their duties by violence, threats, or other means;
(6) refuses to fulfill the judgments or rulings of the people's courts that have become legally effective.
The people's court of one of the acts stipulated in the preceding paragraph of the unit, may be its main person in charge or directly responsible for the person shall be fined, detained; constitutes a crime, shall be investigated for criminal responsibility.