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Study On The System Of Witness Appearing In Court In Civil Action

Posted on:2018-09-25Degree:MasterType:Thesis
Country:ChinaCandidate:W L SunFull Text:PDF
Abstract/Summary:PDF Full Text Request
The testimony of the witness,recognized widely in many countries as one of the most common forms of evidence,plays an important role in the civil procedure.It is the objective statement of the witness' s firsthand experience of the facts of the case.In Common Law countries,testimony is the core of all evidence,whereases in Civil Law countries a less but still very important form of evidence.The testimony itself is the reflection of the subjective to the objective,which is that the witness recalls the facts of the case in his/her memory through language.Therefore,the testimony inevitably contains the witness' s subjective factors,and to minimize the influence of such subjective factors so that the testimony is as close to the objective facts as possible is what the rule of testimony about.The legislation of testimony in our country is relatively backward compared with other countries especially developed countries.The author based on the real experience of the current trial practice and fruits of the legislation research at home and aboard,provides some solutions to further improve the system of the witness appearing in a court.
Keywords/Search Tags:the civil procedure, witness, testify in court, structural improvement
PDF Full Text Request
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