Demonstration Of People To Testify In Court System

The thesis studies the institution of the testimony by the witness before the courtby using the method of comparative science of law.As the core of the witness institution, the institution of the testimony by thewitness before the court plays a crucial role in improving the effectiveness of thewitness's testimony. Therefore every country is trying to formulate the regulations forthe institution in details as far as possible, to ensure that the witness can appear incourt and take the inquiry.In China the rate of the witness's appearing in court is low. Most of the witnessesonly provide the written testimony, which make the cross-examination no use. In viewof the significance of the institution of the testimony by the witness before the court,the thesis analyzes the several problems in the practice of the testimony by the witnessbefore the court in China by using the method of comparative science of law, and putforward solutions in order to promote the witness in our country to testify before thecourt.The thesis includes the following six chapters:Chapter 1 Brief introduction of some basic concepts in the institution of thetestimony by the witness before the court. It mainly involves the concept of thewitness, the content of the institution of the testimony by the witness before the court,the comparative investigation and the legal theory analysis of this institution.Chapter 2 Investigation to the present situation of the testimony by the witnessbefore the court in China and analysis of the reasons for the witness's reluctance toappear in court. The writer summarizes four reasons, including the influence oftraditional Chinese culture, the reason of the witness itself, the reason of the judicialdepartments and the incomplete legislative regulations.Chapter 3 Reconstruction of our institution of the testimony by the witnessbefore the court. This chapter puts forward the aspects and ways for reconstruction interms of entity. The writer considers it should be started with building up threeinstitutions. First, to build up the institution of the witness suitable, to make clear anddetailed legislative regulations on the witness suitable;Second, to build up theinstitution of the compulsory testimony of the witness before the court. Byinvestigating and analyzing the institution of the compulsory testimony of the witnessbefore the court in the common law and the civil law countries, the writer analyzes thefeasibility to build up such kind of institution in China and designs three proceduresfor it. Third, to improve the protection of the witness's rights. The incompleteprotection of the witness's rights is one important reason for the witness's reluctanceto appear in court. Personal safety and economic rights should be the major concern.The writer discusses the necessity for protecting these two rights and constructs theprocedures for how to protect them.Chapter 4 Reconstruction of our institution of the testimony by the witnessbefore the court in terms of procedure. In this chapter four procedures are designed,including the procedure of witness summoning, the procedure of witness pledging, theprocedure of witness inquiring and the principle of direct speech. After comparativelyinvestigating and analyzing the practices in other countries, which can be used forreference for us, the writer makes reconstruction of our procedure design.Chapter 5 Exceptional cases of the testimony by the witness before the court.The witness is obliged to testify before the court in law, but there are someexceptional cases. For example, the witness is unable to appear in court. The writerthinks that as the relevant regulation is too broad, in practice the witness can easilyfind an excuse for not appearing in court. Therefore the writer suggests making amore detailed definition on the exceptional cases of the witness's absence from thecourt. Another case is the testimony by the exceptional witness. As exceptionalwitness is an extensive concept, the writer just gives a brief discussion concerning thetestimony by the expert witness and the under age witness. The writer thinks thatspecial stipulations should be made for these two types of witnesses.Chapter 6 Discussion on the declining rights of the witness. This chapterinvestigates the declining rights of the witness in a comparative way, constructs thedeclining rights of witness in China and discusses how to make a choice betweenappearing in court and declining to appear in terms of legal value.