On The System Of Witnesses To Testify In Court In Civil Procedure In China

The system of the witness'testimony at court is an important part of the law of evidence, which plays an active part in strengthen the functions of the trial, enhance the efficiency of action, maintaining procedural justice.However, in judicial practice,for a lot of reasons,the testifying rate of civil witness in china is universal low, it is a common phenomenon that a witness refuses to testify even false testimony and repeats testimony, which becomes a big bottleneck to the further reform of civil trial in china,so, the current system has to be reformed and consummated immediately.This thesis includes four chapters. The first chapter introduces the legal basis of the system of the witness'testimony at court, including the system and adversary, the system and procedure justice, the system and the direct oral testimony. The second chapter, by the method of comparison, the author makes a comparative research in the common law system and civil law system. The third chapter enumerates the problems existing in the witness'testimony at court, then the third chapter analyzes the causes of these problems from legislation, judicatory practice, social culture, the witness own self. The fourth chapter-the proposal on consummating the system of the witness'testimony at court in china. On the basis of the above analysis, through absorbing experiences of foreign countries and grounding on the reality of our country, the author puts forward the suggestions on improving this system in china, hoping to promote the process of judicial reform and realization of judicial justice.