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On The Witness Perfection Of Civil Litigation

Posted on:2005-04-03Degree:MasterType:Thesis
Country:ChinaCandidate:L FengFull Text:PDF
GTID:2206360152966358Subject:Law
Abstract/Summary:PDF Full Text Request
Civil litigation, a very important social mechanism in settling civil disputes, can be basically regarded a stable inter-functioning structure that are composed of plaintiff, defendant and adjudicator (judge). But the purpose of civil litigation is not only to settle the civil disputes of parties, but also to sustain a stable civil life of the people, which may break through the scope of clients and adjudicators and enlarge to other social members who have some connections with the formation and settlement of the disputes. Although we cannot exclude intrusion and interference of other social members, generally, the process of dispute settling, with the interference of other social members, can not only be enhanced, but also the possibility is greatly increased that content of settling is governed by regulations.In the field of civil litigation, the most typical example which illustrates that the public social members besides clients and judges can be an active role in the civil dispute settlement is the establishment of regulations concerning witnesses. The regulation concerning witnesses is an important regulation in civil litigation. The testimony, the product of witness i s the pre-requisite for courts to f i nd facts and to make just i ce adjudications. And that the witness need to appear in court to state his testimony is undoubtedly an important aspect in civil litigation reform and has more and more attention from scholars. But at present the theoretical research on witness is still not deep enough and many problems need to be solved in practice. The purpose that author choose to write a thesis on this topic is to construct a witness regulation system that suits the c i rcumstance of Ch i na, so as to make a little contr i but i on to the reform and development of witness regulations concerning civil litigation.This thesis contains the following four parts:The first part, with the meaning of the witness at the beginning, gives the different understandings and cognitions of the word witness in theory domestic and broad. And it states the viewpoints of the author by analyzing the features of witness, and consequently brings up that under the modern legislation theory, civil witness system, as an important of the civil testimony system, is the embodiment of principle of direct verbal testimony and the argumentationism of evidence.The second part, from the angle of litigation, discusses the features of Continental Law system and Common Law System by comparisons and analyses of the two. The countries under the Common Law system apply the cross examination, the regulation of testimony of witness is the core of the evidence system, which in the process of the litigation play the central role; the countries under the Continental Law system apply the mode of inquiring with authorized power. Compared with the other evidence, the testimony of witness is a kind of the assistant evidence. Although there are significant differences in understanding of witness and the witness system between the two, both share a series of detailed regulations and measures concerning the obligation of the witness such as the obligation of witnesses to appear in court, the obligation to make a true testimony, the right to refuse to give testimony, the economic compensation for w i tnesses and the pun i shment when violating the obligation. In the opinions of the author, the reason why both the law systems share similar regulation on witness system is that they both take the litigation mode the clientism in their civil litigation systems.In the third part of this thesis ,the author analyses the status quo of the deposition in the present legislation practice in China and accounts that with the civil litigation system influenced by mode of judicial power exercise, the civil witness system not only in the contents but also thepractice of legislation inevitably tend to be mode of judicial power exercise and have many problems.The forth part is the main part of this thesis. Based on the aboveintroduction, this part puts forwards some ideas on i...
Keywords/Search Tags:civil litigation, witness, regulation on witnesses, right of witness, obligation of witness
PDF Full Text Request
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