Civil Procedure Guaranteed The Truthfulness Of The Testimony Of Witnesses

Testimony of witnesses, as one of the civil action evidence, is the important way to find the case facts. at all times and in all over the world, the testimony of witnesses is brought to the attention of the judicial practice. But in actual applied process,compared with other evidence(especially physical evidence), the testimony of witnesses more strongly limited by the objective environment and their own conditions,with the subjectivity of the witness and the possibility of distortion,causing serious negative effect. Testimony distortion situation includes two kinds:one kind is a false certificate.The testimony of the witness is willing to provide subjective,but because of some reasons that the witness cannot control leading to provide false testimony of witnesses; one is false, that is, the witness subjective intentionally giving false testimony. Based on the analysis of the factors affecting the truthfulness of the testimony of witnesses, and lessons from foreign successful procedure, targeted suggestions to perfect our country the truthfulness of the testimony of witnesses. This article is divided into four chapters.The first chapter is an overview of the witness’ s testimony,introducing the importance of justice in detail, the significance of testimony of witness authenticity guarantee, the testimony of witnesses’ formation process,analyzing the formation process of the witness testimony factors affecting the authenticity of the main body inside and outside the body,as the research premise for how to guarantee authenticityof witness’ s testimony.The second chapter introduces the scope of the witness testimony system authenticity guarantee measures. This chapter combines the witnesses outside of the proceedings, the court before the collection and investigation procedure rules, the family court, the court after the witness failed to perform its obligations, the punishment measures and the witness rights protection measures, fully analyzed application rules guaranteed the truthfulness of the testimony of witnesses.The third chapter combines the witness to testify in our country’s legislation, the judicial status and lessons from foreign practice, analysising the existing problems.The fourth chapter for Suggestions of perfecting our country’s authenticity guarantee witness’ s testimony. Combined with the third chapter problem of authenticity in the testimony of witnesses in our country, puts forward the opinions of the targeted,realizing the legislation idea update, improving the system of witnesses to testify procedural rules and citizen’s legal consciousness.