Civil Procedure Witnesses

Bearing witness is a basic and essential way of evidence in civil procedure. In the modern litigation, the witnesses is to achieve justice and procedural fairness entities an inevitable requirement. But for a long time, due to the omission of civil legislation, the judicial practice on witness testimony and a lack of sufficient attention to witnesses system theoretically little depth discussions, and other reasons, led on the one hand, a witness not to testify, the witness does not testify repeated perjury or witness testimony, which has become a common social phenomenon; On the other hand, the rights of a lack of an effective witness protection of the witnesses Without proper respect for the personality, a witness in the face of retaliation by not timely relief. These problems not only seriously hamper the people's courts of the facts of the case to identify, also seriously affected the legitimate rights and interests of parties to the realization of China's judicial reform constraints become a major bottleneck. Therefore, the analysis of witnesses system is the root of the problem, the establishment of a comprehensive standard witnesses legal system, strengthen the role of the testimony of witnesses, a deepening reform of the civil trial and the trial function of an important part of the settlement of this issue is of great theoretical and practical significance, significance.This paper is divided into three chapters.The first chapter first to survey data pointed out that China's current practice of the civil witnesses low rate of perjury or witness testimony repeatedly, and so the status quo, and in practice caused witness perjury and witness testimony repeated three, and in practice the principle of language have a direct dashed to restrict and weaken the legal rights of the parties to exercise and reduce the judicial efficiency, damage to the authority of the judiciary. Then from the social, cultural, witnesses themselves, legislative, judicial, and four of the status of the reasons for such a result.The second chapter outlines civil witnesses. Theoretically discussed the concept of civil witnesses and characteristics of the material witness briefly the right to request compensation, security and the right to request the testimony of witnesses, such as the right to refuse to testify rights and obligations, truthful statement of obligations, the obligations of confidentiality and obligations to comply with the court order of the witnesses, such as obligations.The third chapter is the focus of this article. In the above description and analysis on the basis of witnesses from foreign civil legislative system's successful experience with the reality of our country, from the Construction witnesses summoned system, the perfection of the witnesses refused to permit the sanctions, the Court strictly limited witnesses to testify under the terms and conditions , and improve the rights and interests of the witness protection system and the right to reject the testimony of witnesses, the establishment of witness oath system, the establishment of cross-asked Testimony rules, and improve the witness perjury disciplinary system proposed to improve China's civil witnesses system concept. Finally, we discuss the evidence that reward new legal issues.