On The Present Situation Of The Civil Witness System In China And Some Proposals

The civil witness system is very important in the area of civil procedure. In view of the present situation of the civil witness system in China, the problems and causes in the civil witness system are analyzed and discussed from two aspects of the legislation and justice in this paper. And in the light of the latest modify outcomes of the criminal procedure law on witness system in China and foreign legislation on the system of civil witnesses, some proposals on how to further improve China’s civil witness system are presented.The Main problems of current civil witness system in China manifest in two aspects. Firstly, legislation is not comprehensive enough, there are loopholes, too the principle of specification, and the lack of maneuverability. Secondly, some phenomenon is often happened, such as low attendance of witnesses, the witness refusing to testify, and witness perjury. All these problems, which are derived from both legislation and justice, are analyzed in this paper.The reason for the problems of existing civil witness system are analyzed form three aspects: witnesses factors, legislative factors and judicial factors.In terms of how to improve and perfect the existing system of civil witnesses, five aspects are studied on the basis of the reference to China’s criminal procedure law of the changes made on the system of civil witnesses and foreign legislation on civil witness system, combined with China’s actual situation, namely establishment of the system that witnesses refused to permit in special circumstances, establishment the system of witnesses mandatory court, and perfection the system of witness protection, establishment of system of penalties adaptive with witnesses mandatory court, and the establishment the system of witness oath.