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On The System Of Appearing In Court As A Witness For Civil Litigation

Posted on:2013-08-26Degree:MasterType:Thesis
Country:ChinaCandidate:Y TianFull Text:PDF
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The testimony of a witness is a primary and significant means of evidence in civil litigation. In modern litigation, it is an essential requirement for a witness to appear in court in order to realize substantive justice and procedural justice. Owing to the backward legislation on litigation, there are inadequate regulations concerning the witness system. In the legislation, there is merely the obligation for a witness to appear in court. As to the rights to which the witness is entitled in court and the obligation of the witness who does not appear in court, there are no definite regulations in laws, which causes the serious unbalance between the rights, the obligations and liability of the witness. In judicial practice, it is very common for a witness to provide false witness or refuse to appear in court. The civil procedure system, especially the system of witness, has been developing slowly in contrast to the rapid development of civil and commercial acts in China. In recent years, the reform on the civil procedure law has been advancing in China. Both the direct testimony of the witness and his appearance in court have been paid more and more attention in litigation. Therefore, the present system of witness is unable to regulate the act of the witness to appear in court. It is not suitable to social development and needs reform and improvement greatly. The thesis begins with the concept of the witness, makes a comparative study of the system in the countries of the two legal families, and puts forward suggestions on improving the system on the basis of the analysis of its present situation in China.
Keywords/Search Tags:Witness, to appear in court as a witness, the principle of directspeech, the right of the witness to be exempted from appearing incourt
PDF Full Text Request
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