Study On Admission Of Testimony In Civil Litigation In United States

Witness testimony as the legal category of civil evidence,which play an important role in the litigation process.Compared to physical evidence,Witness testimony as verbal evidence is easy to be disturbed by individual factors and external environment,etc.Therefore,it often leads to judge the authenticity of evidence difficultly.How to reduce subjectivity to influence witness testimony as much as possible,and how to standardize the acceptance and belief of witness testimony,which must be solved for the further development of witness system.Recent years,with the increase of legal consciousness and the promulgation of Civil Procedure Law in 2012,the rate of witness appearing in court has risen.At the same time,new problems such as the low rate of accepting and believing witness testimony,an unclear standard of acceptance or belief and so on have arisen in civil procedure.From here we see that the research on acceptance and belief of witness testimony is very meaningful and necessary.From all over the word,the United States is one of the country,which the development of witness systems has been wanting to be perfect.This article mainly takes the American witness testimony system as the analysis object,striving to have a comprehensive understanding in process of accepting and believing witness testimony in the United States.By defining the scope of witnesses,it is not difficult to find that our witness refers only to the witness of the conduct.However,American witness includes parties,conduct witness and expert witness.Even though there's a difference in the scope of the witness,it does't affect our country to reference the advanced system.Such as impeachment of witness,hearsay rule,the crime of perjury and the contempt,and so on,these systems' establishment ensures the acceptance of witness testimony.Moreover,under the system of cross-examination,the repeat of direct examination,cross-examination,re-direct examination and re-cross examination enable the parties to confront testimony.This is undoubtedly more conducive to discover the facts of the case.In order to effectively solve the problems in our judicial practice,comparing American and China,the author try to come up with new proposals:regulating the interrogation of witness and making the responsibility of civil false testimony more concrete.And sincerely hoping that some shallow views of this article can provide proper references for further development on admission of testimony in chinese civil litigation.