The Research Testimony System Of The Civil Procedure Law During Republic Of China

Testimony，as a type of evidence used in civil action in our country, is widelyused. However, because of the absence of current legislation, omission and perjuryusually spring in the judicial practice. By comparison, we do not ask whether thelegislation during the Republic of China, was ahead of the current one, only in termsof its design of institutions, we can find it was sophisticated, and of rigorous logic. Itnot only inherited the legislative model of the civil law countries such as Germanyand Japan, but also embracedtraditional Chinese legal system. The writer tries toresearch the jurisprudence, legislation and theory of the Republic of China, lookingback to the history and hopes that through the analysis of the system of Republic ofChina, compared to our current witness systemin civil litigation, we can find out thelack ofour currentlegislation, and the cause of it. Also the writer hopes toproposeimprovements to the current legislation by contrastThe article includes three parts, besides the introduction and the conclusion.The first chapter, the writer restoreswitness system in the Republic of China,andgets clear concepts of witnesses,ability of witnesses, obligations and rights ofwitnesses,sanction measures to witnesses and means and methods used in court toinquiry witnesses in the Republic of China.The second chapter, the author analyzes the gains and losses of witness system inthe Republic of China. Firstly, through the comparison between witness system in theRepublic of China in the previous section and four civil procedure codes, we can easily find thatRepublic of China had four changes of the Civil Procedure Law, but,section of the testimony syetem,had not changed a lot. Althoughin the Republic ofChina there changed the least, and almost changed in the terms,it was still a maturingprocess, legislativetechnology became increasingly. Second, the legislative system ofthe Republic of China revealed glory of human nature, fully taking the Chinese legaltradition into account. Third, the protection of witnesses’ rights and the punishment ofthe witnesses’ breach of the rights of were quite completed. At the same time, thewriter also use Class analysis analyzes the Republican legislative limitations on theclass, ahead of judicial discretion and the problem of excessive.The third chapter, the author has a comparative study of current legislation andthe legislation of the Republic of China, finding out the weak points in the currentlegislation, and finally, provides the improvements.