On Witness In Civil Proceedings

This body of article consists of three mair parts besides the preface:The first part deals with the status quo of China's legal system concerning witness in civil proceedings. The discussion, based on research of legislation and judicial practice, points out some existing defects in witness practice, such as refusal of bearbg witness, false testimony, repeated testimony, and so on.The second part compares different legal systems on witness in civil proceedings, specifically from the perspective of witness qualification and witness rights and obligations, including right to material compensation claim, right to safety claim, right to testimony rejection, duty of bearing witness, duty of honest statement, etc.The final part provides some proposals for perfection of our existing legal system on witness in civil proceedings, which are as the follows: establishment of qualified witness system, declaration of witness's duty of testimony to be the duty towards the nation,and of the negative outcome if the duty aforesaid failed, witness's rights projection system, right to refusal of bearing witness system, oath system, cross examination system, and perjury punishment system.