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The Application And Usefulness Of The Witness Testimony In Civil Process

Posted on:2008-10-25Degree:MasterType:Thesis
Country:ChinaCandidate:Z ZhangFull Text:PDF
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Witness testimony is a kind of evidence, which has an age-old history used in civil process and applied commonly. As its report to the fact of a case is direct and vivid, its effect has no way to replace by other evidences in some cases. However witness testimony is easily affected by various factors, it has subjective limitation, and legislation about witness system is omissive and lagging, so witness testimony has produced a lot of problems in applying to judicial practice, its function in civil process is difficult to be brought into full play. The author sets off from the angle that strengthening appliance of witness testimony in civil process, discusses on relevant theory, and tries to break the ice to cause concerns among everybody for this problem, promote a salvation as soon as possible.Firstly, the author generally describes the concept and characteristic of witness and witness testimony from macroscopic view, sums up the characteristic of witness testimony as evidence on basis of analyzing relationship between witness and witness testimony. Secondly, by comparing the position and effect of witness testimony in China-foreign civil process, the author analyses cause of formation that reduction and ignored of witness testimony in civil process in our country from many aspects, such as society background, witness system, attestation and application of witness testimony. Finally, the author analyses the deficiency exists in witness testimony of our country, and brings forward concrete legislation ideas according to fundamental realities of our country and abroad legislation experience for reference.The most outstanding characteristic of this article is:1. Adopt parallel method to study the position and effect of witness testimony in China-foreign civil process. Mainly analyze comparatively the position of witness testimony in ancient and modern, Chinese and foreign, common law and civil law, try to probe into the trajectory and characteristic of its development.2. The article does not rigidly adhere to theory study; it adopts demonstration method and analyzes legislation and judicial practice in every country to comment about the position of witness testimony. Relevance cases are in the article, it makes every effort to reach scientific conclusion.3. This article unites author's judicial practice and experiences, sets off from judge's visual angle, sums up attestation regulation and method of witness testimony, and has certain directive function to the application of witness testimony in civil process.4. This article takes promoting our country's relevance legislation and judicial practice as purpose, explores the origin of reduction and ignored of witness testimony in civil process in our country, brings forward suggestion on legislation to perfect the witness system of our country.
Keywords/Search Tags:witness, witness testimony, witness system
PDF Full Text Request
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