Witness In Civil Proceedings To Testify In Court System

The fact that witnesses don't want to appear in court to testify is always the prominent problem which has affected our country civil action potency and also a theoretical hot-spot for improving Civil Procedural Law in China. This thesis mainly discusses why the witnesses should appear in court and why they refuse to do so as well as how to persuade them to testify in court. Focusing on the witnesses appearance system, this article evaluates the two law systems through a comparative study and analyses the problems and the reasons concerning the witnesses' appearance in court in our civil litigation. It proposes a basic conception on how to improve our country's witnesses'appearance system, which is based on China's actual situation and considers the judicial practice achievement and the mature experience of overseas legislative researches.Article is divided into four chapters, as follows:ChapterⅠ—the theoretical basis of the witnesses'appearance system in civil litigation. Mainly describe it from two aspects. First, give a simple comparison on the concept of witnesses of two legal systems and our country, then come to the conclusion that the concept of our country's witness is close to the civil law countries'. Then describe the witnesses'features. Second, analyzes the value and function of witness to testify in court in civil litigation, both from the angles of entity and procedure. This is exactly the reason of "why the witness should appear in court".ChapterⅡ—comparative law of the witnesses'appearance system. The witnesses'appearance system is built around rights and obligations, and is the concrete and institutional one of rights and obligations, so this chapter focuses on the witnesses'rights and obligations of the two legal systems, basing on the theories of the first chapter. Take it as the reference of system's reviewing and improving in the next chapter.ChapterⅢ—the existing states and problems of witnesses'appearance system in our country. Trying to seek the reasonable answer of "witnesses'unwillingness to appear in court".First introduces the provisions and judicial interpretation on witnesses appearance in court in civil legislation, then combining theoretical analysis and system comparison, indict the problems of insufficient protection to witnesses and lacking of punishment and penalty system and so on, point out the direction of improving the witnesses appearance system just specified in the fourth chapter.ChapterⅣ—the reconstruction of witnesses'appearance system in civil litigation in our country. It is designed to find the solution to the problem on how to persuade witnesses to appear in court. The reasons of the question that the witnesses' appearance rate in our country is lower are various, but the most important reason is the imbalance between the witnesses'rights and obligations.To balance the relationship between them, I suggest adopting a positive protection mechanism and a negative sanctions mechanism at the same time。...