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Study On The Reform And Perfection Of Witness System Of Civil Procedure In Our Country

Posted on:2012-10-27Degree:MasterType:Thesis
Country:ChinaCandidate:Z W HuFull Text:PDF
GTID:2166330332974264Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Testimony of witness, as a legal evidence plays an important role in the judicial practice in our country's civil lawsuit by its university and irreplaceability. However, because the defects of our current legislation and the lack of legal environment lead to the witness refuses to testify, attend the court or give false testimony in practice. These phenomena exist aboundly. These phenomena not only seriously affect the court finds the facts of the case, but also affect the normal expansion of the trial process which bring big obstacles to the standardization and scientification of our civil trail procedure. It also brings challenge to the realization of the justice of our judicial. Therefore, we should explore, analyze, improve and perfect the current witness system to make sure it can play its due role in civil judicial procedure. This article deeply analyzes our current civil lawsuit witness system from the basic theory of witness system and the empirical aspect. It also puts forward some concrete proposals to perfect our civil lawsuit witness system on the basis of finding and analyzing problemsThis article divides into four parts besides the introduction and conclusion. The first part makes a detailed elaboration about the basic theory of witness system. For example, the concept of witness, the characteristics of the witness testimony, the law value of witness and so on. Through the introduction of the first chapter to build the theory basis and logical points of writing the whole article. The second part is based on the analysis of the current operation and the cause of formation of our civil lawsuit witness system, to analyze the expression ways which lead to the witness system can't operate smoothly by data statistics. It also deeply analyzes our civil witness system from the defects of the witness system itself and the lack of our legal environment and other factors. The third part is mainly discussing how to reform and improve our civil lawsuit witness system. It makes a design again about the witness system from the level of institution. For example, the location of witness role, the examination of witness qualification, the establishment of witness immunity to testify, the standardization of the process of witness appearance in court, the identification and punishment of witness perjury acts and so on. The fourth chapter puts forward some concrete proposals about how to strengthen the protection of witness rights and interests from the level of rights and interests protection. For example, increase the legislation and the operatability of judicial practice of the protection of witness rights and interests, perfect the compensation mechanism for witness economic damage, and expand the protection object and scope of witness rights.
Keywords/Search Tags:civil litigation, witness testimony, witness qualifications, admissible rules, rights and interests of witness
PDF Full Text Request
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