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Civil Litigation Witness System

Posted on:2011-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:G ChenFull Text:PDF
GTID:2166330332964188Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness testimony is evidence of our civil legal a type of civil legal relations of witnesses is one of the main witnesses is a necessary part of civil procedure. Witnesses in civil proceedings to implement the system on the identification of facts of the case, Magistrate Judge correctly, improve the efficiency and quality of litigation crucial role, related to procedural justice and substantive justice goals. However, the reluctance of witnesses to testify, particularly unwilling to testify in court and so is long-standing problems of Civil Procedure, this situation makes the already very limited resources compounded the evidence, so the system actively improve the attendance of witnesses, is to identify facts of the case needs, but also our way of deepening the reform of the civil trial of urgent need. Civil Trial Reform of the core is to uphold the principle of open trial, the parties reinforce the burden of proof, attention to the trial function, namely, a public burden of proof in court, cross-examination, certification, debates, so that the judge's judicial activities mainly in the trial, the purpose of is that the interests of justice, efficiency of the proceedings. From the evidence of the system point of view, the key is to strengthen the function of the trial witnesses. Only in the case of witnesses, judges can face to face by both parties to review the debate and mutual cross-examination to judge the authenticity of the testimony to facts of the case. The legislation and judicial practice the lack of scientific rationalization Witness system requirements, it is caused by civil action in "three-pronged" phenomenon ("three-pronged" phenomenon is the reluctance of witnesses to testify, refused to testify, perjury phenomenon) is the main reason, which must be legislation on the civil norms in the conduct of a witness to testify, it institutionalized; change in judicial practice, and increasing emphasis on the testimony of witnesses, and strengthen the use of witness testimony.This article is divided into three chapters, the main contents are as follows: Chapter, witnesses described the system around the significance of the witness involved in a civil court system provided for the specific role and function. Chapter II, the main witnesses in Civil Action described the present situation and problems, deal with specific legislation and judicial practice related to witness the problems, for further analysis of these witnesses was not high civil causes. The third chapter, mainly for this dilemma is proposed to overcome the problem.
Keywords/Search Tags:Testimony of witnesses, Court system, Testimony obligations
PDF Full Text Request
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