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Chinese Civil Litigation Witness System Legislation Perfection

Posted on:2008-10-06Degree:MasterType:Thesis
Country:ChinaCandidate:M X ZhangFull Text:PDF
GTID:2166360242473770Subject:Law
Abstract/Summary:PDF Full Text Request
The testimony of witnesses is one of the seven kinds of evidences stipulated in civil litigation law in our country, which is commonly used in judicial practice. It plays a very important role in achieving entities justice and guarantee of procedure justice. However , duo to insufficient attention to witness system in civil litigation legislation and some items are over general ,simple ,careless ,or even not stipulated, all of this result in witness' refusal to testify , perjury ,and contradict testimony ,which become a widespread phenomenon. It influences the application and adoption of witness testimony, increases the burden of the judge who has to do extra checking work, disturbs trial order, interferes carry-out of civil judgment reforms, and damages the image of the court and authority of the law. Therefore it is very necessary to reform and improve our witness system in civil litigation. I choose this thesis with the purpose of trying to construct a witness system which fit for our national condition, benefiting to reforms and development of witness system on the basis of our current judicial status.This thesis is divided into four parts:The first part is to discuss understanding of witness and testimony, to cite the different understanding of the concept of witness and testimony in theoretical circles both in china and abroad, and to discuss the feature and significance of witness testimony.The second part is the study on foreign witness system. It is a comparison of witness' obligation to testify in modern countries from the point of witness' qualification; witness' obligation and relevant rules, witness' rights and legal protection.. For example, the obligation to state the truth, refusal to testify under special circumstance, the rights to get financial compensation, and the rights to get security protection.The third part is an analysis of current judicial situation of witness system and legislative defects in our country. The major problems are as follows: witnesses refuse to testify especially in court; witnesses give false testimony; testimonies contradict with each other. The root course for this is imperfect legislative system. I take it into profound considerations. The fourth part is my proposals to strengthen witness system in civil litigation. I put forward to the proposals from the following five aspects on the basis of legislative and judicial experiences from foreign countries and our national conditions: establishing witness competence system; stipulating witness' obligation to give testimony in court; perfecting the witness' interest protection system; clarifying sanctions on perjury; improving the procedural rules about a witness' testifying in court.
Keywords/Search Tags:Civil litigation, Witness system, Legislation Perfect
PDF Full Text Request
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