Court System Of Compulsory Witness In Civil Proceedings

The phenomenon that witnesses of both parties in civil suits refuse to appear in the court limits the implementation of the principle of directal words and an inquiry into the fact in disputes. In view of the embarrassing present situation of the low rate of witnesses of both parties in civil suits appearing in court, the schools of juridical theory and practice have carried out the countermeasures in order to solve such a problem. Obviously, the research cannot be achieved without the comparative analysis of the operation mechanism, history and suit frame-like of the witness systems in Anglo-American law system and continental law system, nor can it be carried out without the reflection of Chinese traditional history, thinking traits and practical rules as well as the competitive selection to these countermeasures.The colleagues are endeavoring to the exploration and establishment of the blending witness regulations. "The concept that all witnesses should appear in court", "the concept that witnesses ought not to appear in court" and "the concept that witnesses appear in court for the persuasion by the parties in suits" are the responses to it. Although it is a superficial phenomenon for few witnesses to appear in court because of witnesses' fear, the unbalance of juridical resources, the social reticulation and the regulations adopting evidences are the true causes. The ideal condition of enough supply of juridical resources, reformation of suit regulations and consciousness for the people participating in suits is not mature in China. The author is trying to discuss the regulations of forcing witnesses in civil suits to appear in court from perspective of the relative rational doctrine, taking into consideration the objective situation of the limited protection for witnesses due to lack of enough juridical resources.A famous Japanese scholar says, "Juridical reform includes the reformation of both legal hardware and software. Efforts should be made not only to input advanced codes but also to inherit the relevant ethical values and ideological concepts so as to cultivate the people' s modern legal ideas and put them into their daily lives". According to the present unsatisfactory condition of juridical hardware and software, the author tries to prove the regulation of forcing witnesses in civil suits to appear in court, elaborate the rights of refusing to appear in court, limit the range that witnesses appear in the court, define the standards to appear in court according to cases, distinguish key witnesses and common witnesses, formulate disciplinary measures and fulfill the rights of witnesses on the basis of incorporating things of divers nature , actual development level and pragmatic advance.