Consummation Of System Of Witnesses To Testify In Court In Civil Proceedings

In civil proceedings, an important prerequisite for resolving disputes is to find the facts, which are undoubtedly built on the basis of evidence. The testimony of witnesses, as China's civil law provides for one of the types of evidence in civil trials is commonly used. To this end, China's civil law on witness testimony to the basic requirements, established a system of witnesses to testify in court. As China's reform of the civil trial in full swing and in-depth development, uphold the trial as a witness to testify publicly, and strengthen the key functions of the trial, the testimony of witnesses in the proceedings of the status and role will be further highlighted. But in the current judicial practice, as stipulated by law is imperfect, witnesses have a weak awareness of the law, witnesses out of economic interests, relationships, personal and property safety considerations and the Court in a civil trial to attach sufficient importance to the witnesses to testify in court, bound by ineffective , Imperfect process and other reasons, which the witness refused to testify, and refused to appear in court and perjury, and so is widespread. The parties, this situation makes the already very limited resources become more scarce evidence, affected the legitimate claim of achieving the purposes of the judiciary, the judges to verify is to increase the burden on the impact of the facts of the case finds that Reduce the efficiency of the proceedings and the quality of handling cases.At present, the domestic sector in theory and practice of China's reform of the system of civil litigation more, including evidence of the system of civil litigation is also a hot topic here both from academics and law experts on the topic, is also from the judiciary Workers from the practice of summary. As China's revised Code of Civil Procedure of the promulgation of the aspects of reaching a climax. On the evidence in civil litigation system in the study, there are quite a departmental study focused on the testimony of witnesses in the system, but the system status system on the theory and practice of reflection on the lack of research is still significant.This paper on China's system of the testimony of witnesses in the operation of the system into some difficulties and a summary of the difficulties include: witnesses obligations of the legal provisions exist in name only, witnesses to testify to avoid the situation can be found everywhere, even if there are witnesses willing to testify, most of To replace the written testimony, witnesses very low rate, even if there are witnesses willing to testify in court, and one of the parties most interested, the evidence was admissible in court ratio lower the testimony of witnesses in the perjury case will be more, and this Lack of effective disciplinary measures. By Liangtaifaji with the testimony of witnesses outside the system, as well as on China's system of civil litigation related to the background and social background of the analysis, we find that there is the status quo with China's terms of reference of the litigation mode and re-written words of light And the related concept of evidence supporting systems related to the profound loss.Based on the multi-dimensional analysis of China's current system of running state witnesses to testify on the basis of China's civil litigation system in the improvement of the appearance of witnesses put forward some specific systems Construction of the views. Specific and constructive, I believe that the system should include: the compulsory attendance of witnesses to testify system, the witness oath system, the protection of witnesses to testify in court system (including legal protection and material security), perjury The penalty system.