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Research On The Improvement Of System Of Witness Appearing In Court In Civil Procedure

Posted on:2020-04-27Degree:MasterType:Thesis
Country:ChinaCandidate:J SunFull Text:PDF
GTID:2416330578451128Subject:legal
Abstract/Summary:PDF Full Text Request
Evidence is the soul of litigation and the core of civil trial.From the collection of evidence at the beginning of the trial,to the final finalization of evidence,evidence in the entire trial process,affects the outcome of the trial.As an important participant in civil proceedings,witness,because of his special identity,is the only special witness who knows the facts of a case and can express what he sees and hears in an intuitive form of testimony.The non-substitutability of law is a witness that can not be replaced by any other subjects.Whether the key witness in a case can testify in court or not is related to whether the case can be effectively identified.It is of great significance to the implementation of the principle of open trial and to the establishment of judicial authority.The witnesses examined in this paper include only those who should appear in court and must appear in court,because witness testimony is a statement made by the witness in the court by his own perception.In one case,there are several witnesses who perceive the circumstances of the case and their appearance and enthusiasm in court may be affected for psychological,economic and social reasons thus they are unwilling to testify in court.Even they testify in court,chances are that it will lead to contradictions in the testimony given for various reasons,It affects the fact-finding of the case.Therefore,according to the above situation,it is urgent to discuss how to guarantee the rate of witness appearing in court and how to guarantee the validity of witness appearing in court.This paper tries to improve the system and procedure concept,and then to improve the appearance rate of witnesses who should appear in court.At the same time,to improve the rate of witnesses to appear in court and to guarantee the validity of witness testimony must be implemented in the following aspects: first,various compensatory and protective penalties should go to witness in court,to be specific,the scope of protection must be expanded and protection efforts strengthened.Crackdown on perjury must be strengthened to increase the appearance rates and guarantee the vitality.On the one hand,the implementation of the system allows the witness to testify in court without any worries;on the other hand,it ensures the effectiveness of testifying in court,leading to achieve the judicial stability and the entity justice will.
Keywords/Search Tags:Evidence, Appearance of witnesses, Improvement of policies
PDF Full Text Request
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