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The Study Of Witnesses To Testify In Court In Civil Procedure

Posted on:2019-04-18Degree:MasterType:Thesis
Country:ChinaCandidate:M J LiFull Text:PDF
GTID:2416330545487753Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The witness testify to court in civil litigation means that the witness appear to the court,they state what they know to the judge.The testimony is that the witness tell their personal perception to the judge.In the judicial practice,The witness will choose to testify on court,the written testimony and the audio-visual material to testify,To testify for the principle,the exception is that they don't appear on court.But,we can see that from the previous civil litigation proceedings,many witness don't want to choose to appear to the court to testify,some witness refused to testify.It could make the case loose some important evidence.Even if some witness concerned appear to the court to testify,they have negative attitude,they don't want to cooperate with the trial work,some witness commit perjury,it increased the difficulty of the trial of civil cases.So that,in order to increase the rate of the witness to testify,some witness bring effective and reliable testimony to case,This article will analyze the problems about these in the civil litigation when the witnesses testify in court.At first,the article would introduct the witness testify to court.Discussing the historical origin of the witness,and we can explain the exception of the witness testify to court.Thus we could have a systematic knowledge of this system.On the basis of these,we discuss that the meaning of witness to testify to court in civil lawsuit.For example,the rate of the witness appear to the court is low,and the witness in court don't work with court,thus result in that the judical outcome is not fair and we can't protect the party's equity.This one of the most common is that the witnesses testify rate is low in the civil litigation,the witness influenced by the social,the institutional,the psychological and other factors,they don't want to appear to the court to testify,From the judicial practice,many witness appear in court,and then.Some testify are contradiction when the witness appear to the court.Even that some witness offer the perjury,they result in the normal trial be disturb.Some witness offer the perjury on purpose.According to these,we can discusse the method of that the witness testify to court in our country.for example,the court can force the witness to testify on court,through to the system of the scope and the system program,and then we can set up the punitive when the witness refuse to testify,we also need to set up the system of the privilege of free proof to ensure the witness envisage testify to court in civil litigation to increase the rate of the witness testify to court.While the witness can't offer thereal testimony on the court,we can increase the intensity of the perjury,establish the system of the oath and perfect the system of the cross-examination of witnesses.As thus,the system can make a warning to witness in their heart to improve the quality of testimony.And then,our country can complete the system of economic compensation and the system of personal safety protection to encourage more witnesses to testify to court.Reassure the witness have no trouble to testify to court in civil litigation.
Keywords/Search Tags:The civil litigation, The witness, Appearing to the court to testify, Forced to testify
PDF Full Text Request
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