Study About The System Of Particular Modes To Testify

The low rate of the witnesses to testify is always a difficult problem in our country. Although China has put the witness to testify into the "Civil Procedure Law", but the proportion of witnesses to testify in court is still low. So that, we can reverse thinking that let the witness tell the court the fact or let him accept inquiries without appearing in court. So we can find the facts. It is put forward by some experts as Particular Modes to Testify. At present, the special way of testifying witness in the judicial practice is frequently been used, which have three main types: Single Narrative Testify Mode、Two-way Communication Testify Mode and Multi-directional Communication Testify Mode. Three types of testify mode have different characteristics, so we can not take them at the same: Single narrative testify mode, in one respect, is time-saving that witness just should issue a written deposition or audio-visual materials without testifying in the court.So that there will be no problem of delays cost and accommodation. On the other hand,it can help to protect the social relationships between the witness and the relevant parts that the witness do no have to appear in court. Of course, the other party will raise objections to the testimony of witness if the witness do not testify in court without justifiable reasons. However, witness appearing in court is so rare that it can not be immediately excluded even it is out of the four kinds of situations in "Civil Procedure Law" 73.And combined with other evidence,we should determine that whether the testimony of witness is true,and whether it should be the adopted. Of course, it’s competency is much lower than giving evidence in court. Two-way Communication Testify Mode have two different kinds : the investigation notes of witness made by judge and the investigation records, notes of witness made by the parties, agents. The two kinds have different competency because of the different subject. Compared with the other two testify mode, the Multi-directional Communication Testify Mode, is the most close to The principle of direct words, especially the Remote Video Testimony, which bring the witness to the court through the network technology. So the other participants of the trial activities can see, hear the witness, and the witness can also see and hear other peoples who take part in the trial activities. It make this kind of testify mode more proof,compared with the front two testify mode. But it also have disadvantages that it requires strong technical. The use of Particular Ways to Testify has become a trend. Theoretically, to perfect the special testify mode is the trend of development in terms of evidence. In recent years, the hearsay rule has greatly changed.Laws in the countries of Anglo American do not reject of testimony which come into out of court absolutely. In practice, the mode of witness depositions increases gradually along with the development of science and technology. And these special evidence is not excluded absolutely by the judges, who judges the evidence according to the essence of the special testify mode and the judge’s free evaluation. From a legal point of view, the Civil Procedure Law of our country although has the provisions of that the witness should testify in court, but there is no provisions that the testimony that given by the witness who absent of court cannot be used as evidence. There are no hard and fast rules, so, the judges judge this kind of evidence completely depend on the judge’s free evaluation. Now China’s current situation that judges have different quality, so it is very necessary to classification and treatment the special testify mode and perfect the System of Particular Ways to Testify, which can avoid inconsistent of judgment documents, which influence the credibility of referees.