The Witnesses To Appear In Court And Testify System In Civil Procedure

Witnesses to testify as a witness system core system covers the witnesses appear in court and truthfulstatement of the two main aspects. However, in our country’s civil lawsuit in judicial practice, because ofthe existing system is imperfect, the lack of the modern lawsuit idea and other reasons, our country’s civillawsuit of witness testimony in written in form of more, the witnesses to appear in court and rate is low,and the witness is not willing to testify before the, the witness to commit perjury and judges don’t believethe testimony of the witness to appear in court, seriously affecting the adoption of forms of evidence intestimony of witnesses, also serious impact on the judicial justice and judicial authority, and thereforeimprove the witness testifies system extremely necessary.The article from the our country civil litigationwitnesses testify before the problems in the system and analyzes the reasons of our country civil litigationwitnesses to testify before the defects of the system of; the use of comparative methods to study the systemof civil witnesses of the Two big law countries, combined with China’s actual situation, learn from theexperience of the Two big law countries’ legislation and make recommendations to improve our system ofcivil witnesses. The main text content is divided into three parts.The first part of the first analysis of the our country civil litigation the witnesses to appear in court andproblems in the system, including the witness is not willing to testify before the, the witness to commitperjury and the judge does not believe the testimony of the witness to appear in court and other majorissues. Our country’s civil lawsuit the witnesses to appear in court and testify system unilateral emphasis onthe witnesses to appear in court and testify only obligations, neglecting to witnesses and their closerelatives’ personal property safety protection, the witnesses to appear in court and testify economiccompensation will not be fulfilled, lack of encouraging witnesses of incentive mechanism, the traditionallegal culture deeply influence, not set up modern lawsuit idea causes such as witnesses from willing totestify before the court. The existing system of the lack of reasonable witness asked rules and effectiveperjury punishment measures make civil proceedings in the witness perjury frequent phenomenon. Thesocial environment of trust crisis, witnesses with the parties concerned because usually are interestedparties and testify before the testimony and the difficulty of adoption makes the judge does not believe that the testimony of the witness to appear in court. A comprehensive analysis of the reasons to solve civillitigation witnesses testify before the problems in the system provides direction.The second part through the comparison of the two law review the civil litigation the witnesses toappear in court and testify system, including the witness qualification, guarantee the witness in pursuit ofthe procedures, guarantee the witness honestly state program, the witnesses to appear in court and testifyexceptions and witnesses refused to testify the right, for our country’s civil lawsuit the witnesses to appearin court and testify to the improvement of the system to provide the reference. Despite the countries of twoimportant legal systems of civil litigation the witnesses to appear in court and testify system exists different,but both are detailed regulations to the witness testifies obligations, honestly state obligations and witnesseseconomic compensation, witnesses and their close relatives of protection and violation of the legalresponsibility of the obligations ensure the witnesses to appear in court and testify truthfully statement, forour country’s civil lawsuit the witnesses to appear in court and testify to provide reference for theimprovement of the system of the legislation.The third section is pointed proposed to perfect our witnesses testify before the program and contentof some of the ideas and suggestions. First of all, we should reasonable definition must provide evidence inthe scope of the witness to appear in court. In conformity with legal conditions, the witness can through thetechnology or other means to testify before the effect. Second, the establishment of limited forced thewitnesses to appear in court system, clarify the witness not testify before the perjury and the legalresponsibility and civil field of serious perjury actions into perjury, increase serious behavior of punishmentperjury. Again, change the existing civil lawsuit system of unilateral emphasis on the witness to appear incourt and ignore the obligation to provide testimony to the witness protection of the rights of the status quo.We can through the following measures to strengthen the witness protection of rights: first, establish thewitnesses to appear in court and testify insurance system. Second, will protect the object expanded to thewitness’s close relative, establish the witness protection long-effect mechanism. Third, set up theanticipation witness protection measures. Finally, improve the witness testifies procedural regulationsystem.