The Study Of The System Guarantee Of Witnesses' Honesty Obligations In China

The obligations of honesty of witness in civil lawsuit includes two aspects of content,consciousness of appearance in court and objective truth statements.The witness of honesty obligations is based on the interaction of subject,the normalization of process and the inherent requirement of civic duty in our country.Witness in our country who needs to be honest duty was due to the influence of the ethics,benefit maximization demand and psychological motivation and other factors.The witness of honesty obligations are benefit to convert the witness's lawsuit idea,regulate the behavior of the witness's lawsuit,ensure the litigation's justice and efficiency.However,due to the current the system of the witness of honesty obligations performance of is not perfect in our country,on the one hand,is on the legislative provisions,such as the provisions of the compulsory of a witness to testify are not clear,the witness's rights and interests protection does not reach the designated position,the rules of witness words inquiry is short,the witness in violation of the obligations of sanctions does not reach the designated position;On the other hand,is the sufficient of performance in the judicial practice,such as the witness refused to testify,the witness provided commit perjury,the adoption rate of testimony of witnesses was low.Investigate its reasons mainly are:the thin legal consciousness of the part of the witness,the emotional factors of witness,the arbitrary of the judge mechanism.Inspecting honesty obligations system of the witness in outside,to ensure the main character identification system,the system of witness oath,the cross-examination system of witnesses,and providing the witness violation of honesty obligations of the law are coming into being.At the same time,compared to China,outside emphasizes the obligation of witness to testify,gives the witness the right to economic compensation authority,strengthens the protection of witnesses and their near relatives,and perfect witness to testify exceptions to rules.Using the successful experience of other country for reference,and reflecting on the system of witness honesty obligations in our county,we need from two aspects of entity and procedure to ensure,that physical security are:to definite the clarification of obligation,to perfect witness to testify economic compensation system,to strengthen the safety protection of the witness system,to improve the punishment system of the witness perjury;Standard procedure guarantee:to regulate the rule of witness inquiry,to add pledge system,to set up the scientific testimony evaluation method,to establish a witness to testify exceptions to that rule,to establish limited obligation of forcing the witness to testify and complete credit archives.