论被害人虚假陈述行为的定性——兼谈《刑法》第305条的修改

On How to Charge the Victim Who Provides False Statements: Also Referring to Article 305 in Chinese Criminal Law

被害人陈述作为法定证据的一种,有其自身的复杂性。实践中被害人作出虚假陈述的情况广泛存在,原因是多方面的,危害性很大。被害人故意作出虚假陈述的行为构成伪证,应修改《刑法》第305条,将被害人纳入伪证罪的主体范围。

As a kind of legal evidences, the victim＇s statement has its own characteristic and is very complicated. In practice, there are some cases that the victims provide false statements due to kinds of causes, which is quite harmful. The victim who give false statements deliberately should be charged perjury crime. Article 305 of Chinese Criminal Law should be amended and the victims should be one kind of subjects of Perjury Crime.