Witness In Civil Proceedings To Testify In Court System

The system of the witness'testifying before the court is the key to deepen the reformation of the civil way of trial. Fore the reason that the provisions on legislations of civil litigation and relative judicial interpretations have many defects, there are many phenomena such as the witness's refusing testifying and refusing testifying before the court and dishonestly provide testimonies or perjury. First of all, this article introduces and compares foreign provisions on the system of the witness's testifying before the court by the angle of the witness's rights and obligations, then analyzes the reasons for the witness's refusing testifying before the court and dishonestly providing testimonies, at last the author puts forward own shallow opinions being established in our legislative and judicial practice , using foreign provisions for reference , and around ensuring the witness's testifying before the court and honestly provide testimonies. The whole article has thirty thousand words and consists of five parts.Part one——the general description of the rules of the witnessThis part gives a brief introduction of the rules of the witness from two respects: the definition of the witness and the competence of the witness. First of all, by comparing the differences and commons of the definition of the witness in system of civil law, system of common law and in our country, it concludes that the definition of the witness is similar to that in the system of civil law. As far as the competence of the witness is concerned, the article firstly compares and analyzes the provisions in two families of law, then analyzes the stipulations about the competence of the witness in our country, and come to the conclusion that the stipulation that unit has the competence of the witness is not scientific and the stipulation that persons of legal incapacity and persons of limited indisposing capacity can not be really carried out in judicial practice.Part two——the legal foundation and value analysis of the system of the witness's testifying before the court...