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Theory Of Civil Litigation System Of Witnesses To Testify

Posted on:2014-09-28Degree:MasterType:Thesis
Country:ChinaCandidate:H MaFull Text:PDF
GTID:2296330464950055Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
As one of the is the core of the judicial trial, evidence to prove the facts of the case role, in all the activities of civil litigation in the evidence is all about. In all of the evidence, the testimony of witnesses is due to its uniqueness and irreplaceability of all the evidence most closely and directly response to real situation in the case, based on the actual presence of the witnesses in the judicial trial to meet. Witness to testify in stating the truth at the same time, also can help the judicial personnel search and other evidence about the case; Can also identify other evidence of authenticity; Identify using the cliches of true and false, and so on and the agents AD, to improve judicial efficiency, the purpose of promote the judicial justice.In daily in the judicial practice in China. In today’s legal concept gradually thorough popular feeling, this article through to the current status of the witness appear in court in our country and the causes of the present situation to carry on the analysis and research, and hope that through to the concrete system design for the witness to testify system in China to seek a feasible path, this undoubtedly has important theoretical significance and practical significance.This article is divided into four chapters.The first chapter, the general theory of civil lawsuit the witnesses to appear in court to testify. This chapter first introduces the related theory of civil litigation, including:witness the concept, characteristics, the witness to testify to our country the meaning of justice. Through introducing the content of this chapter to the basic theories of civil lawsuit the witnesses to appear in court to testify is a summary and analysis of the system.The second chapter, the status of China’s civil lawsuit the witnesses to appear in court to testify and thinking. This chapter gives a brief overview of the present situation of our present civil lawsuit the witnesses to appear in court to testify, and to see the essence through the phenomenon, find out the cause of China’s current situation, and try to analysis for witnesses not to appear in court and judicial brought various negative effects to our country.Contrapose the third chapter, the experience of the system of witnesses to testify, comparison and revelation to our country. Contrapose this chapter through the review and analysis of the laws and regulations of the countries in the aspect of the witnesses to appear in court to testify system, and its specific operation in the normal course of judicial practice, hoping to two big legal systems related system concept learning, witness to testify system bring some enlightenment to our country.The fourth chapter, the reform of the system of witness to testify and perfection. Combined with the above analysis in this chapter, in view of the witness to testify at the present stage in China some of the problems puts forward some ideas and Suggestions. Aimed to solve the problem of "how to make witness to testify", in order to build a not only conforms to the reality of our country and the witness to testify system to adapt to the era development.
Keywords/Search Tags:civil litigation, evidence, witnesses to testify in court, reform and perfect
PDF Full Text Request
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