The Theoretical And Practical Analyses Of The Lawyer Testimony

With the reform and opening up was introduced, lawyer testimony in our country had won the rapid development. But in recent years, China’s lawyer testimony has almost disappeared, except in the field of forced witness, even has fade out the lawyers’vision gradually. This is different from lawyer witness at abroad, which has a prosperous development. In order to enable the China’s lawyer testimony to flourish again, it is necessary to explore the difficulties the lawyer testimony has been facing in our country. So this essay tries to put forward some suggestions to solve them. The author expects that the suggestions can promote the healthy development of China’s lawyer testimony together with the theoretical analysis and practical exploration.The train thought of this article is as follows:Firstly,this essay overviews the development of China’s lawyer testimony. Then, it analyses the basic theory of lawyer testimony, in order to accurately grasp the lawyer testimony’s uniqueness. Next, it researches the practices of the lawyer testimony. And finally, it proposes some specific advices on the basis of the analysis about the problems of China’s lawyer testimony.Chapter one of this essay is a summary of the lawyer testimony’s development in China. The author thinks that it can be divided into three stages:the stage of exploration; the stage of rapid development; and the stage of Stagnation.Chapter two summarize the lawyer testimony’s concept, nature, characteristics, significance, effectiveness and legal responsibility basically. In order to grasp the basic theory of lawyer testimony, this essay distinguish it with notarization and legal review.Chapter three mainly demonstrates the lawyer testimony’s range, principle, procedure, method, and analyses the common kinds of lawyer testimony briefly.Chapter four discovers the problems of China’s lawyer testimony, and put forward some suggestions.