Research On Witness System Of Civil Action In China

Civil witness system has a significant impact on civil litigation activities,and is also one of the core contents of judicial trial.It plays an important role in ascertaining the fact and truth of the case and making a fair judgment.Civil witness is an important part of the legal system of civil action and has a high status.Civil testimony is a witness personally experience a case and its perception of the facts to the court to state,because of its irreplaceable characteristics of all the evidence to the most closely and directly reflect the real situation of one of the evidence,so in the judicial trial to witness the actual presence to meet the conditions.Because some people have the idea that "it's none of their business",in the past civil litigation trial cases,many civil witnesses refused to appear in court as witnesses,resulting in the loss of evidence in the case investigation.In addition,although some witnesses testify in court,their attitudes are not positive,and they do not fully cooperate with the investigation of the case.The authenticity of some testimony even needs to be studied,which makes the case more complicated.Therefore,in order to effectively promote the trial process of civil witnesses' testimony,this paper will analyze the issues related to the appearance of witnesses in the trial process of civil cases from the following chapters.Chapter one,the basic theory of civil witness system.After expounding the historical origin of the civil witness system and the concept of the witness,this paper analyzes the cause of the witness testifying in court,and points out the source of the witness testifying obligation and the necessity of the witness testifying system in China.Under the theoretical framework of social contract theory and socialist jurisprudence,the possession of interests and the settlement of disputes do not exist in isolation,but assist in the settlement of disputes under the social joint and several responsibilities.This social joint and several obligation determines the obligation of witnesses to testify in court,and it is the obligation confirmed by national laws.But in the trial to hearsay evidence principle and the direct speech principle application,the witness appears to appear in court is more necessary.Therefore,from these two levels,the system of witness testimony to provide a certain theoretical and practical support.Chapter two is a comparative study of civil witness system outside China.This paper discusses the theoretical basis of civil witness in Anglo-American law system and continental law system,and systematizes the system from the three perspectives of witness qualification,the right of exemption from evidence and the mode of inquiring witness.In the aspect of witness qualification,the scope of witness is defined and the qualification of "unit witness" is questioned.In the aspect of license exemption right,the author points out the blank of legislation,and emphasizes that we should combine the license exemption system which has been carried out in ancient China,and see the trend of relevant systems in the future.The inquiry of the witness is to sort out the specific process in the present judicial practice,and find that the value of the cross-examination link of witness testimony cannot be fully reflected in the application because the relevant provisions are partial to the principle.Therefore,through the comparison and discussion with the relevant systems in foreign countries,we reflect on the gaps and deficiencies in the relevant systems in China.Chapter three,the present situation and deficiency of our civil witness system.Starting from the two aspects of legislation and judicature,this paper deeply analyzes the problems existing in the system of civil witness' s qualification to testify,procedural provisions of testimony,and witness' s rights and obligations,which will result in the unfair trial result and even infringe upon the parties' legitimate rights and interests.According to the previous judicial trial activities,there is often a small number of civil witnesses to testify in court,and many people take a negative attitude of refusing to testify in court due to psychological reasons,economic reasons and their own safety and other factors,which will hinder the effective conduct of the trial.When some witnesses testify in court,their testimony is inconsistent with each other in logic,and some witnesses even give false testimony because of their own desire.This is the situation where witnesses subjectively intentionally commit perjury,which will undoubtedly have a huge impact on the authenticity of the case.The fourth chapter,our country civil witness testifies the related system consummation.In view of the special witness qualification definition,the witness appeared in court to testify the responsibility optimization and the witness right safeguard related consummation suggestion.For example,the system of compulsory witnesses to testify in court is mainly about the establishment of the scope of application,the specific procedure and the adoption of punitive measures againstwitnesses who refuse to appear in court,so as to improve the rate of civil witnesses to appear in court.To solve the problem that civil witnesses intentionally provide forged testimony subjectively in the process of testifying in court,measures will be taken to improve the crackdown and establish oath system,etc.The purpose is to reduce the rate of perjury and make witness testimony more authentic and reliable.At the same time,in order to make more witnesses willing to testify in court subjectively,we will encourage their active behavior in court by means of economic compensation.In addition,the system of personal safety protection for civil witnesses is further improved,so that they can testify in court without being coerced by other factors.