A Study On The Competency Of Witness

Witness testimony plays a significant role in the system of evidential means. But as a witness, he must be qualified with enough competence, then the evidential effect can be achieved. The main purpose of stipulating witness' competence in the specific law is just to ensure the truth and validity of witness testimony to its maximum degree. Accordingly, studies on the competence of witness are of great importance both theoretically and practically. This thesis is intended to find out all possible influential factors to the competence of witness from both synchronic and diachronic points of view, and meanwhile, examine the currently existing defects on this respect in the related laws or regulations and put forward some rational proposals in order to perfect the present regulations about the competence of witness. This thesis is composed of the following six parts:Part I: Introduction. Witness testimony plays a significant role in the system of evidence. Likewise, the competence of witness is also vital to the evidence laws. Different countries throughout the world have their special and respective regulations or restrictions about the qualification of witness and theoretical research on the competence of witness can be commonly seen. Comparatively speaking, there are quite a few defects and problems besides the lack of theoretically systematic and deepgoing study in the Civil Procedure Act of our country, hence, the importance of making research on this respect in this thesis.Part II: Meaning and Function of the competence of witness. Firstly, a comparison between the meaning in our Civil Procedure Act and that of other countries belonging to the two big legal families; Secondly, the definition of the competence of witness, the relationship between the competence of witness and witness testimony, and therelationship between the competence of witness and his privilege of refusal to give evidence; Lastly, an exposition of the aim to set up the institution of the competence of witness and its roles from four respects as are illustrated.Part III: Possible influential factors to the legislation of competence of witness. By means of the elaborated studies on the possible influential factors to the competence of witness, which include model of procedure, feature of evidence, function of witness, interested relationship, professional relationship, individual faith and fidelity, etc. We can have a deeper and more complete understanding about the reason and jurisprudence of laying down these regulations and their specific contents.Part IV: Current situation and problems of domestic legislation and judicial practice about the competence of witness. Based on observation and analysis of the previously mentioned influential factors to the competence of witness, combined with the present situation of domestic legislation and judicial practice. Some currently existing problems about the competence of witness are: There exists the state of defects and imperfectness as to the regulations and restrictions about the competence of witness in the concerned currently effective civil evidential laws; Some of them are too simple or obscure to be operated; Some are lack of flexibility and difficult to be carried out; Some are short of the contents to challenge the competence of witness, and some haven't made detailed and systematical research on the competence of witness.Part V: Some proposals to perfect the competence of witness in domestic legislation. In view of the currently existing problems about the competence of witness in our domestic legislation and judicial practice, as well as all its related influential factors, it is highly important to take some measures to perfect the institution of the competence of witness. On the one hand, try to prevent the influence caused by form of action and feature of evidence, and try to prevent the influence caused by function ofwitness, interested relationship, professional relationship and individual faith and fidelity; On the other hand, from the angle of proc...