On The System Of Witness' S Guarantee In Civil Proceedings In China

Testifying truthfully is the legal obligation of witnesses and the manifestation of the principle of good faith litigation.In 2015,China further specified the way of witness testimony through the introduction of judicial interpretation,which strengthened the binding force of witness truthful testimony.This was the first time that China introduced witness guarantee system in civil litigation.It is the basic requirement of civil procedure law order for witnesses to testify and state after signing the guarantee certificate,and it is also the effective promotion of civil litigation activities by improving the accuracy of witnesses' testimony.The system of witness guarantee was established relatively late in China's civil procedure system,and its form of expression is different from the foreign system of witness oath and the system of witness deposition in Taiwan.In judicial practice,due to the lack of uniform standard and effective operation paradigm,improper operation,unclear standards and other phenomena contrary to the original intention of the system often occur in practical operation.In order to further improve the problems existing in the witness guarantee system in China's civil litigation activities,the research content of this paper is mainly divided into the following four parts:The first part is about the connotation definition and the existence significance of the witness guarantee system.This part starts from the concept definition of guarantee,and then abstracts the meaning and value of its existence.As a concrete manifestation of the principle of good faith,the guarantee system is a beneficial exploration from "principle" to "rule",and has a positive significance for restraining the phenomena such as false evidence and false lawsuit in the current civil litigation activities in China.The signing of the guarantee is of great value for enhancing the credibility and admissibility of written witness testimony and testifying statements in court,as well as for the litigant's serving and appeasement,which effectively improves the efficiency of litigation and promotes the realization of judicial justice.The second part is about the comparative study and reference significance of the system of witness guarantee.In foreign countries,the regulation of witness testimony started early and has experienced a long development based on its religion and other factors.This part from the civil law system and Anglo-American law system legislation and other provisions,through the analysis of the two major legal system witness testimony guarantee mechanism,analysis of its useful value and can be used for reference,so as to put forward a comparative analysis of China's witness guarantee system conclusion.The third part is about the present situation and reasons of the system of witness guarantee in civil action.This part from the legislation and practice of guarantee of witness in our country present situation,through the analysis of the main body of its appeared in the process of signing,time,content of non-standard,summarized our country in the enforcement of the system of derivative problems,these problems have hindered the system should play in the honest credit principle of litigation value.On the basis of analyzing the problems,through the analysis of the methods of study summarizes the causes of the problems,think the cause of the witness guarantee system problems are the lack of uniform rules of evidence,the witness to testify of the unbalance of rights,obligations and responsibilities,cultural differences lead to the witnesses to appear in court motivation,the judge with respect to the manner of the witnesses to appear in court to reject,etc.The fourth part is about the perfection of the witness guarantee system in the civil procedure of our country.Through the foregoing definition of the concept of the witness guarantee system and the provisions of the two legal systems on the system,combined with the observation of the norms and practice status of our country,this paper proposes that the witness guarantee system should be added into the legislation of civil procedure law,the format and time of the witness guarantee should be refined,and the accountability for perjury should be clarified.