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The Study About The System Of Civil Witness

Posted on:2003-02-07Degree:MasterType:Thesis
Country:ChinaCandidate:L Y MaFull Text:PDF
GTID:2156360092460069Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Evidence is the keystone of a lawsuit and means to reappear facts of a case. The testimony of witnesses, which is one of the important proofs, plays an important role in the evidence system. In China, civil economic cases are greatly judged by the testimony of witnesses since it plays an important role in the evidence system.However, in judicial practice, some witnesses are unwilling to give evidence, especially to bear evidence in court. In some cases, they change their testimony from time to time or just offer contradictory, false evidence in court due to the imperfectness, defect or contradictions in law on defining the qualifications of witness, the rights, obligations and responsibilities of witness and the legal responsibility one should assume as well as the procedure of giving evidence. As a result, the effect of the testimony as evidence, the value of the procedure of questioning and arguing in court and the reliability of verbal evidence are reduced. This will surely lower the quality of the trial and damage the efficiency and justice of action. In this article, the author probes and compares the aspects both in and out of china like the competency of witness, the obligations and responsibilities of witness, the judicial safeguard right of witness, and the procedures for witness to give evidence.After reviewing and considering the current rules and regulations on civil witness, the imperfectness and defects in the civil action systems. the author absorbs the successful experience in judicature of the foreign country And recommends to institute rules on witness' competency, to define the scope of witness subject , to clarify the obligations of witnesses, and to take practical measures to force witness to give evidence in court. Besides, to protect the judicial rights and get rid of the suspicions of the witness and to standardize the procedure to give evidence so as to perfect the rules and regulations on witness in civil lawsuit are also included in this article. In a word, the author hopes to bring up some practical and theoretical ideas and suggestions to the found "civil lawsuit evidence act" in China so as to promote the reform and perfection about the system of evidence and civil trial.
Keywords/Search Tags:witness, the competency of witness, the obligations of witness, the rights of witness, the witness system.
PDF Full Text Request
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