Research On Witness Guarantee Problem In Civil Litigation

Though the formal introduction of the witness guarantee system in China's civil procedure was made though the judicial interpretation of the Civil Procedure Law by the Supreme People's Court,it has already come into effect and has been implemented at all levels of the courts.The introduction of witness guarantee in the civil litigation has the significance of realizing the honesty and credit,improving the efficiency of litigation,saving the judicial resources and realizing procedural justice.The witness guarantee of civil litigation or other forms as a pledge with,is to ensure the credibility of the witness testimony,but there are also differences between the three.The author analyzed the law of Germany,France and Japan,which belong to civil law system as well as that of UK,the United States of America which belong to the common law system and China's Taiwan region.Through the analysis,the author summarized the experience of how to ensure the credibility of the witnesses' testimony--most of the provisions which can ensure the credibility of witnesses' testimony are from the law;provisions of those countries or regions mentioned above are relatively detailed and complete;most importantly,the procedure reflect their respect and emphasis of procedural justice.The investigation on the guarantee of our civil litigation witness,is mainly from the two aspects of legislation and practice.On the one hand,the legislative status is mainly the book to make the provisions of the Judicial Interpretation of the Civil Procedure Law of review of civil lawsuit witness guarantee;on the other hand,in the aspect of practice situation as a witness to ensure the scope of subdivision book the format and content,in the case of the application of three small aspects.Through the investigation found that our civil litigation witness warranty exists such as to witness civil litigation guarantee acceptance is not a guarantee of a witness in civil litigation provisions are too simple,witnesses in civil suits guarantee "widely" is a mere formality issues.The civil litigation guarantee should be a full play to ensure the credibility of the testimony of witnesses as effective means,and belong to guarantee the credibility of testimony means the oath or affirmation,and when the specific national judicial practice,will certainly change,in order to accord with the judicial practice.Through the analysis of China's civil witness warranty problems,combined with relevant countries and regions can learn from the experience of China civil litigation witness warranty measures such as: pay attention to guiding role of procedural justice,Civil Procedural Law stipulates witness guarantee,and refine the civil litigation witness guarantee implementation.