The Problems And Countermeasures Of Witness System In Civil Action Of Our Country

The perfection of witness system is the badly urgent requirement and result of reform of civil and judicature in practice of civil action, that the witness refuses to give testimony or to appear in the court ,is widespread, which restrains the mode of civil trial from reforming .For these reasons, the author has chosen "The Problems and Countermeasures of Witness System in Civil Action of Our Country "as the title of his master article .The author analyzes the existing problems, working out the plot of the principles for improving the witness system of civil action and the specific system and hopes that they are beneficial for the legislative work of the code of Witness Law.The paper divides into three parts with 48, 000 words approximately.Part One: the Generalization of the Witness System in Civil Action. First, it introduces the origin, conception and requirements for a witness; Next, the author analyzes the theoretical base for a witness to appear in court; Third, the brief introduction is given for the legal basis of obligation for a witness to show in a court; Finally, the author introduces the foreign legislative situation of the system of the Witness appearing in a court.Part Two: the Problems Existing in the Witness System in Civil Action of China. First, the problems existing in the witness systep of judicial practice are introduced; Second, the author gives the shortcomings on legislative for witnesssystem in civil action, which mainly about the problems of professional witness and collecting evidence by offering a reward; Finally, the author analyzes the legislative shortcomings for a child to be a witness in court.Part Three: The Countermeasures for Improving the Witness System .First, the author makes clear the principles that should stick to in perfection of the witness system of civil action system of China; Finally the author puts forward the specific conception of the perfection of the witness system.