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The Study Of The System Of Witness's Guarantee In Civil Litigation

Posted on:2019-03-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y T ZhangFull Text:PDF
GTID:2416330563956980Subject:legal
Abstract/Summary:PDF Full Text Request
Owing to the low level of admissibility of the witness' s testimony and the slight liability for providing false evidence in judicial practice,the system of the witness' s guarantee is initiatively established for the witness to testify honestly in civil litigation in our country.The system of the witness' s guarantee of civil litigation refers to the system that the witness shall sign a guarantee when he or she is to appear in court as a witness.Although the system has been established in our country,the difficult problems that the witness' s appearing in court bothers the proceedings of civil litigation in our country has not been effectively solved.We should learn from the effective experience existing in the system of oaths and the system of recognizance of other countries,and transform the system of the witness' s guarantee into a system of litigation that conforms to the situation of China.Judicial reform urgently needs to complete the procedures of the witness' s appearing in court,and specify the concrete measures for guaranteeing the witness' s appearing in court.Meanwhile,it is necessary to set up the system of the witness' s compulsory appearing in court with some limitations and the complete supporting system of protecting the witness.The improvement of the system of the witness' s guarantee in civil litigation promotes the judge to find out the facts of a case,and then make a fair judgment and set the authority of judiciary better.
Keywords/Search Tags:The system of the witness's guarantee of civil litigation, the witness's appearing in court, the system of oaths, the system of recognizance, good faith doctrine
PDF Full Text Request
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