Witness Compulsion Appears In Court The Construction By Our Country Civil Action In

In the civil action witness testimony is one kind of extremely important evidence form, it is playing day by day the vital role in the civil action.In the current civil trial practice, witness appeared in court to testify lowly rate was still a big difficult problem which the puzzle civil action developed. Witness did not appear in court to testify affects the judicature to be fair seriously, hinders to the objective real lawsuit value pursue. Witness does not appear in court the reason is various, also literacy psychology reason, also has the lawsuit value stratification plane and the system stratification plane reason. Looked from our country realistic situation that, stipulated forces to testify the system is the judicial practice urgent need. The practice investigation proof, in recent years, in tried each kind of civil case in the process, often ran into witness to refuse to testify causes the lawsuit activity to be unable to carry on normally, causes some cases for a long time to tow difficultly definitely, enable many litigant's legitimate rights and interests not to be able to obtain the effective protection, many victims obtained the prompt relief with difficulty, the illegal activity could not be under the prompt sanction. Not only this reduced greatly has handled a case the efficiency and the quality, moreover created the social manpower, the physical resource, the financial resource waste. Formulates witness to force to testify the measure and the corresponding sanction, its ultimate goal is must give violates a witness duty deterrent, does not need to worry creates suspicion of the scope of attack width, once because in this kind of legal compulsion exemplary in the actual movement the react, can cause the people to form the cautious psychology gradually. And becomes the people on own initiative to observe the voluntary subtly the behavior pattern.This article through forces to witness to appear in court the system discussion, for solves witness to appear in court to lead the low question to seek the new way. The this article first part appeared in court from the legal science theory angle to witness to testify the voluntary basis of existence to carry on the analysis, from the entity, the procedure two aspects appeared in court to witness to testify separately the voluntary nature to carry on the elaboration. The second part elaborated witness does not appear in court the reason and creates from this the harm, forced witness to the current civil action in to appear in court the system establishment necessity and the validity has carried on the elaboration. The third part proposed at in the model various countries legislation precedent foundation own conception, and forced witness to our country civil action in to appear in court the system establishment to put forward the concrete legislation proposal. The fourth part to forces witness to appear in court the system correlation safeguard system consummation to carry on the discussion, makes every effort to cause witness during fulfillment duty, its correlation right can obtain the corresponding safeguard, enable this system to tend to the consummation, guarantees the legislation goal the realization.