Font Size: a A A

Perfection Of Witness Testimony System In Civil Procedure In China

Posted on:2018-10-07Degree:MasterType:Thesis
Country:ChinaCandidate:S Y MengFull Text:PDF
GTID:2346330515457582Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The testimony of a witness refers to a statement made by a witness to the court in relation to the circumstances in which he is aware of the facts of the case.As a traditional and important type of evidence,witness testimony is one of the most widely used types of evidence in civil litigation.It is of great theoretical and practical significance to find out the facts of the case.However,due to the related specification of the witness testimony system stipulated in the current law of our country is not perfect,and the lack of a good social environment,resulting in low ratio of bearing witness in judicial practice in China,many practical problems of low acceptance rate makes practical testimony,this type of evidence is to a large extent play,not conducive to the construction of China's judicial system,to a certain extent affected the judicial justice,to construct harmonious society under the rule of law due to the.In this paper,a comparative analysis of research methods,the full text is divided into four chapters,the first chapter on the legal value of the testimony of witnesses and China's current legislative status of a brief exposition.The second chapter discusses the defects of witness testimony system in china.Including the lack of social environment,the existing law,the witness qualification,the testimony of the question,the witness protection and witness responsibility and other aspects of the legislation are inadequate.The third chapter makes a comparative study on the witness system in other countries,including the Anglo American law system and continental law system,respectively,from the qualification of the witness,the witness of the inquiry mode,summarize the rights and obligations of the angle.The fourth chapter based on the above system defects and control system in other countries for reference,from the idea of system,the qualification of the witness testimony,witness status inquiry,witness rights and the accountability of several aspects,to improve our civil litigation witness system and put forward some reasonable suggestions.The aim of this paper is to provide some suggestions for the perfection of the relevant system in our country.
Keywords/Search Tags:witness rights, cross examination pattern, cross-examination
PDF Full Text Request
Related items