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Study On The System Of The Witness Appears At Court To Testify In The Civil Action

Posted on:2006-02-27Degree:MasterType:Thesis
Country:ChinaCandidate:R TaoFull Text:PDF
GTID:2166360182465646Subject:Litigation
Abstract/Summary:PDF Full Text Request
The perfection of the witness system is foregone conclusion of reform of the civil judgment. But, the legal provisions about the testification of witness at court in civil action are so principled and superficial that which lead to the popularity that the witness is unwilling to, dare not and refuse to appear to be the witness at court in the judicial business because the evidence act has not been formulated, these questions direct effect scientific and standardization of the judicial proceeding, and bring challenge into judicial justice. If the witness does not appear to testify, the litigant is unable to cross-examine the oral evidence of the witness, the judge can not get in touch with the witness at court, so the litigant's rights of the cross-examination and defense are limited and reduced, as eventually influence the justice and efficiency of the judicial business, stand in the way of the progress of the judicial business procedure and the process of the innovation of the way of civil trial, do harm to the authority of the law. So, we must be perfect the system of the witness appears at court to testify very foundations, to change the situation of the witness dare to appears at court to testify, for vindicate the judicial justice and legal right of the parties to civil suits.The thesis breaks down into four parts:Part one: The theoretical basis of system of the witness appears at court to testify. To introduce characteristics, classification and meaning of litigation of the witness's oral evidence first, to make the value of the witness appears at court to testify, and to laid the groundwork for thesis's writing, to create a logical origin point.Part two: The Practice analyze and genesis of the problem of the witness refuse appears at court to testify .Through an analysis of the related information ,to sum up present question of system of the witness appears at court to testify, and to analyze the cause.Part three: The programming of the measures that the witness should appear at court to testify. It includes: to establish the system that the witness should be forced to appear at court to testify , to establish the system that the specific witness may not appear at court to testify, to establish the system that the witness must make an oath ,to establish thecross-examination system ,to establish the system that the crime of giving false evidence must be punished.Part four: The protection of the witness's rights. This part is matching the third chapter, we research into me right to apply for the economic compensation and the right to refuse the oral evidence in this part.
Keywords/Search Tags:The witness appears at court to testify, The qualification of the witness, Practice analyze, Program composition, The protection of the witness's right
PDF Full Text Request
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