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Testimony On Civil

Posted on:2009-08-21Degree:MasterType:Thesis
Country:ChinaCandidate:S Y LiFull Text:PDF
GTID:2166360245470321Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
In China, the "Testimony" as a legal term, the first time in 1991 in the Code of Civil Procedure, this is civil Testimony system in China's first legal forms, but for the provisions of the Cross Examination is very simple, there are no strict procedural design . Testimony civil trial system is the key to the civil procedures, it is evidence that the court review the inevitable stage, but also the rights of parties to litigation procedural safeguards, and on the fairness of the administration of justice is one of civil procedure indispensable. For a long time, the theory and practice of this profession there has been great controversy, but because of its theoretical complexity of this problem has not been resolved, the Code of Civil Procedure provides that no system Testimony system. With the trial means the continuous deepening of reform, to strengthen the party's burden of proof, the debate on the skills and methods to produce more and more evidence of the importance the parties, in an effort to put the other party to find flaws in the evidence, the evidence so that judges and the recognition of the efficiency of the adoption waver, in order to achieve successful. However, as China's current civil law Testimony was too principles, the actual operation is not strong, so the person in the course of Testimony are often at a loss, to the detriment of the protection of the rights of the parties. Testimony must be from the nature, value, against aspects of the legislation and practice of the deficiencies highlighted Testimony from the main body of stage, and associated protection system of China's Testimony procedures perfect.
Keywords/Search Tags:Civil evidence, Questioning witnesses system, Legislation consummation
PDF Full Text Request
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