| At present, the legal provisions about the testification of witness at court in civil actions are so principled and superficial that which lead to the popularity that the witness is unwilling to, dare not and refuse to appear to be the witness at court in the judicial business because the evidence act has not been formulated. If the witness does not appear to testify, the litigant is unable to cross ?examine the oral evidence of the witness, the judge can not get in touch with the witness at court, so the litigant's rights of the cross ?examination and defense are limited and reduced, as eventually influence the justice and efficiency of the judicial business, stand in the way of the progress of the judicial business procedure and the process of the innovation of the way of civil trial, do harm to the authority of the law. Therefore, it is very necessary to study and solve the problem that the witness appears at court to testify and to make sure of the witness who cannot decide the reasons bear witness in court. I research in this thesis in the problem of how the witness appears at court to testify. This thesis is divided into four parts : the qualification and range of the witness in Part One; the measures how to establish and perfect the rules that witness appears at court to testify in Part Two; the principle how to put to use the oral evidence of the witness in Part Three; how to protect the witness's right in Part four.If we want to study the problem how the witness appears to the court to testify, we must above all solve the problem of the qualification of the witness. The qualification of the witness has been regulated in details in whether the Continental law system or the Britain and American law system in the western countries. Compared with the western countries, the law regulations in our country about the qualification of the witness are too simple to operate. So I do deep research in the problems whether an organization or the disabled persons physiologically and spiritually or the minors can testify and put forward personal opinion about the nature of the witness in our country who is both the litigant's witness and the court's witness on the basis of the law regulations at present.The major reason why the witness will not appears at court to testify is the imperfect systems. I compare and study the. legislative examples of all the countries, put forward six specific measures according to the reality of our country in Part Two. First, to establish the system that the witness must be forced to appear at court to testify. Those who have duties to appear at court to testify refuse to appear must be punished by law. Second, to establish the system the specific witness may not appear at court to testify. When the witness is qualified for the membership law permitted, he is permitted not to appear at court to testify. Third, to establish the system the witness takes an oath. The concrete oath is " I, so-and-so, now stand at court, will give true statement, or I am willing to bear all the legal responsibilities, suchas to be fined, to be held in custody etc. Fourth, to assure the system of cross ?examination. We must make definite regulations about the ways of principal inquiry and cross ?examination, make sure that we can find out the case fact in an all ?round and object way and judge fairly by cross梕xamination. Fifth, to establish the isolated confinement system. When there are several witnesses , we should inquire them separately without the other witnesses who have been or will be inquired at present. Sixth, to establish the system the crime of giving false evidence must be punished. Those who make the crime of perjury should be punished.Anther major problem how the witness appears at court to testify is how to use his or her oral evidence. How to use the witness's oral evidence must comply with some principles. There are some legal principles in our country, such as to emphasize the evidence, to emphasize investigation and study, all the evidences must be proved true before the... |
PDF Full Text Request