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Witness In Civil Proceedings To Testify System Of Practical Countermeasures

Posted on:2008-07-16Degree:MasterType:Thesis
Country:ChinaCandidate:Y G LiuFull Text:PDF
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Witness testimony is important evidence which has a bearing on makingimpartial judgment in civil lawsuits and it has become one of the mostcommonly used evidence in modern civil lawsuits across all countries. Dueto the influence of factors such as judicial tradition, value orientation,lawsuit procedures, etc, during the lawsuit in our country, many issues havearisen: the witness' right is extremely ignored; the ways, procedures anddetailed regulations by which the witness appears in court are incomplete:the provisions on legal responsibilities the witness should bear whenrefusing to present testimony are not properly systemized: the witnessrefuses to present testimony or to come to court; the witness gives falsetestimony or contradictory testimony. Especially, the witness' refusal topresent testimony has obsessed the civil trail in our country. In view ofthe above problems, the author examines the defects of our country's currentcivil lawsuit legislation in regulating witness appearing in court byanalyzing the current situation and problems in witness bearing and thereasons for difficulties in getting the witness to appear in court and putsforward suggestions on how to reform and improve the system of witnessappearing in court in civil lawsuits by drawing on the ripe experience oflegislation abroad. The emphasis of the suggestions lies in establishingthe system of witness competence, improving the system of securing the rightsof witnesses in appearing in court, giving witnesses their privilege ofrefusing to testify, perfecting the system of guaranteeing personal andproperty safety of witnesses and their relatives, regulating the witness'obligations to appear in court, and bringing forth regulative suggestionson lawsuit procedures involving serving as a witness at court.
Keywords/Search Tags:Witness appearing in court, qualification of a witness, right assurance, obligations to appear in court, lawsuit procedures
PDF Full Text Request
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