Research On Witness System

With the progress of the modernizing of law,people pay more attention to the legislation of procedure law. They begin to know that procedure is so important in protecting the entity right. The revolution of the mode of civil trial has being on, in this process, there is urgent need for the attendance of the witness . But in the practice of judicature a great number of witnesses don't appeal in the court, and many of the witnesses who appeal in the court supply feigned testimony. All of these impact the process of revolution greatly and can't realize the principle of direct trial. Finally it will damage the justice of the trial.There is not any master or doctor paper on witness law in our country, so this paper is for discussion in many fields and won't be mature very much. This paper mainly is to put forward question and to analyze the clause about witness law of our country. Hope to get the answer of the question and recognize the bad influence of our judicature practice. On the basis of the foreign law, to find the scheme of solution. This paper will focus on the following three parts:First:definition of witness and qualification of witness.Second:For the qualified witness, to find the solution to enforce them to attest in the court, at the same time supply safeguards for them. Third:Analyze the causative condition of feigned testimony, to find useful punishment to clear this kind of phenomenon.Main research method of this paper is to read materials and study the foreign law. According to the surrounding of our country, to compare, to analyze, to conclude the solution for our country. This paper gets following conclusion: First:Witness should be the people who know the fact and attest in the court orsupply the evidence to the party or the court and the witness is different from the party and appraiser. Witness should include unit and expert witness. But this paper doesn't agree with the dual station in the litigation, but accept hearsay evidence.About the qualification of witness, the basic principle is every one has qualification except for some special status what is described clearly in the witness law. Second:In the legislation special status when witness doesn't need to appeal in the court will be clearly described, and court has the duty to enforce the qualified witness to attest in the court. At the same time,witness law should grant the court the definite kind of power to enforce the qualified witness to appeal. Of course when witness assume the duty to appeal in the court, they can take the right to deny supplying testimony, the right to get compensation of money , the right to get protection from judicature.Third:To perfect the criminal punishment of the action to give feigned testimony in the civil litigation. To add the crime of feigned testimony in the civil litigation or the crime of contempt of court. In the litigation add the legal system for witness to take an oath.