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Research On Witness's Remote Testimony In Civil Litigation

Posted on:2020-06-05Degree:MasterType:Thesis
Country:ChinaCandidate:J Y LiuFull Text:PDF
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It is the legal obligation of citizens to testify in court.However,due to various reasons,the proportion of witnesses who testified in court in China's judicial practice is less than 5%.With the development of scientific network technology,the construction of "digital court" has gradually gained the attention of the world's judicial institutions.Countries have carried out legislative practice on witnesses to solve the problem of witness verification,strengthen witness protection,save judicial resources,and improve the court's handling of cases.effectiveness.The practice rate of witnesses in China is low,and witnesses' long-term testimony is a way to solve witnesses' testimony in court.However,the current legal provisions on remote witness testimony in China only stipulate the scope of application of witnesses remotely,and there is no provision for operational norms and methods.And China's current witness testimony is in a pilot state,and there is no complete system.During the pilot operation,there were problems in witness identity verification,witness cross-examination and transmission technology construction.By drawing on foreign experience,it puts forward the perfect suggestions for solving the long-term testimony of witnesses in China,and solves the problem of witnesses appearing in court in China's judicial practice.This paper studies the witness' s remote testimony system through four parts.The first chapter mainly introduces the development and evolution of witnesses' long-term testimony,and analyzes the development of witnesses' long-term testimony at home and abroad.Analysis of the manifestation of witnesses' remote testimony and its scope of application,compared with the traditional witnesses to testify in court,has its unique advantages and has important value in solving the problem of low witness appearance rate.The second chapter mainly introduces the pilot situation of domestic witnesses' long-term testimony.From the practice,it analyzes the problems in each pilot and summarizes the effective practices.The third chapter mainly summarizes the common problems in the practice of domestic pilot remote testimony,such as identity verification,cross-examination,technical issues and witness protection.The fourth chapter is mainly for the problems discovered in the third chapter,combined with the successful experience of foreign countries,according to the contemporary conditions of China,it is proposed by the court,the notary office,the public security organs,thelaw firm to provide authenticity and objectivity in the cross-examination.Suggestions on sexuality and relevance.Establish a remote courtroom for the court to provide technical support and train professionals.Establish systems such as precautionary measures in the witness protection system.I hope that I can solve the solution to the problem of witnesses' remote testimony in the pilot.
Keywords/Search Tags:Witness remote testimony, Identity verification, Cross-examination, Technical Support, Witness protection
PDF Full Text Request
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