On China's Civil Witnesses System Reform And Improvement

Civil witness system, which is an ancient system in judicature, is an important part in the evidence law. And it has the system of witness' testimony at court as its core. At present, in the countries of two main genealogies of law, some contents have been stipulated to details such as witness' qualification and capability, witness' oath, witness' inquiry, penalty to the default of appearance, witness protection, their right of exemption from testifying at court, sanction to the false testimony etc. However, due to the differences between two main genealogies of low, there appears obvious difference in some important aspects of witness system, especially in terms of witness inquiry system. Witness inquiry system is the mort important one in the system of court testimony. Generally speaking, in the countries of Anglo-American law, cross-examine system is employed in the inquiry of witnesses due to the adoption of antagonistic adversary court trial. It attaches great importance to the witnesses' testifying at court, and emphasizes witnesses as centre in lawsuit as well as the equal confrontation between litigants while reduces judge's power to inquire of the witness. However, in the countries of continental law ex officio inquiry is employed due to the adoption of litigious procedure of ex officio doctrine. It emphasizes that the judge should be centered while it ignores testimony at court. It emphasizes judge's power of active inquiry of witness. Comparatively speaking, cross-examine system is more reasonable.China belongs to the country of continental law. As a newly-founded country and be affected by such stimulators as emphasizing substance, ignoring procedures, "and excluding the western law in mind etc, our country arc lagging behind in the construction of litigious legislature. The present civil procedural law was promulgated in 1991. It lacks stipulation on the witness system. It only stipulates witness' duty to testify at court but fails in stipulating the witness' rights to testify and their responsibility for no testimony at court. Thus, serious imbalances are caused among right, duty and responsibility of witness. As a result, in the judicature practice, it has been a common phenomenon that awitness refuses to testify or provides false testimony. On the other hand, in the recent years, commercial affairs are developing fast, however, the relevant procedural system especially witness system makes slow progress. Moreover, the reform of civil procedural law are being accelerated in recent years, more and more importance has been attached to the witness' see also and their presenting at court as witness. As a result, the present witness system and can't standardize and restrict witness' behavior in testifying and can't meet the requirements of social development. Therefore, we have to reform and consummate the present system of witness' testimony at court.This article applies the comparison method, comparing and analyzing the system of witness' testimony at court in the two genealogies of law. Many new opinions and ideas are put forward on reforming and improving this system. Such points are as follows: The clauses of testifying duty and right of witness should be stipulated in the principle of civil procedural law in order to strengthen the status of litigation and legal responsibility of witness. The witness' qualification should not be over restricted, instead, the testimony should be encouraged and guaranteed. The oath system should be brought in in the right way and the pattern of recognizance system should be perfected .Then, ex officio inquiry system should be reformed while cross-examine system should be introduced. The behavior of no testimony at court should be stipulated, so that witness' legal right can be protected. The system concerning the exemption right from testifying should be established. The system of summons should be set up to force the witness to testify at court. Besides, the prevention and sanction of the false testimony should be strengthened etc.Of course, it is a grand theoretical p...