The System Of The Witness's Testifying Before The Court In Our Country

This paper addresses the content of the witness's testifying before the court system of civil procedure law.The system of the witness's testifying before the court is an important part to deepen the reformation of the civil way of trial.However,for the reason that the provisions on legislations of civil litigation and relative judicial interpretations have many defects,the rate of the witness's testifying before the court is quite low.On the basis of our existing legal system' defects and traditional justice ideas' passive influence,this paper analyzes the problems which exist in the witness's testifying before the court system in our country.This article introduces and compares the witness's testifying before the court system between the civil law and common law legislatives in following aspects:the witness' duty of testifying before the court;the witness' rights and the security to those rights;the privilege of being exempting to testify;the procedure of witness's testifying before the court.Then,in allusion to our country' current situation,the author put forward my own opinions about improvement in the theory and procedures of the witness's testifying before the court.The main content is divided into four chapters:Chapter one,the general description of the witness's testifying before the court.In the first place,the chapter analyzes the basic words during the system of the witness's testifying before the court.Then,I analyze the theory origin of this system from four parts:direct and word;the justice of procedure;the principle of debate;the justice of entity. Chapter two,the comparison of the system of the witness's testifying before the court.This part mostly introduces and compares the relative provisions between the civil law and common law legislatives about the witness's obligation of testifying before the court,the right to get judicial protection,the right to be economically compensated and the privilege of being exempting to testify,and the procedure of witness's testifying.Chapter three,the analysis of the defects in the system of the witness's testifying before the court in our country.In this part,firstly,I generalize the existing legislation about the witness's testifying before the court,and the current situation of justice practice.Then,from analyzing the current situation,I reach a conclusion that the reasons include the following:the deficit of legislation,the idea's passive influence,and the unmerited behavior during justice practice.Chapter four,the opinions about perfecting the system of the witness's testifying before the court in our country.This chapter is based on the analysis in chapter three and the comparison in chapter two.The most important key is perfecting the legislation about the witness's rights and obligations,which can make sure that the duty will be carried out and the rights can be protected well.Further,I suggest perfect the procedure of the witness's testifying before the court,such as the rule of summons and the system of swearing.