Path Selection:Study On The Regulation Of Wit Witness's Testifying In Court With Witness's Guarantee

Witness to testify in civil litigation the basic requirement of the principle of good faith,in order to regulate the witness to testify,witness guarantee for our country the present stage the witness to appear in court rate is low,the statement of authenticity has not been established problem plays an important role,such as guarantee of civil litigation witnesses are asked the court asked the witness to sign a written proof,said its testimony voluntarily,and ensure the testimony is based on the case of the understanding of the true statement,commitment as it is made by the false testimony are willing to bear the corresponding legal responsibility system.This system is based on the analysis of the two legal systems to guarantee witnesses to testify in court,and the system to regulate witnesses to testify in court was established by the judicial interpretation of the Supreme Court in 2015.Because the witness guarantee as a new system in our country,based on the present legislation and judicial status quo is not hard to find guarantee civil litigation witnesses still exist some problems in the practice operation,investigate its reason,mainly for the witness refused to testify in case of incomplete,unclear in violation of the provisions of the obligation of the witness guarantee responsibility and guarantee in practice there is confusion,etc.,in order to better the civil litigation witness guarantee implementation of the civil lawsuit in our country,to solve the current existing problems in the practice the witness to testify,I think we will improve the system of witness guarantee shall begin from the following aspects:First,at present,China's laws do not explicitly stipulate that witnesses can be forced to testify in court.In order to better protect witnesses' human rights,we can learn from the relevant provisions of the evidence law of Britain and the United States to stipulate that witnesses can refuse to testify in court,so as to improve the situation of witnesses to testify in court.Secondly,the obligation of the witness to violate the guarantee should be clarified.When the witness refuses to sign the guarantee,the testimony made by the witness cannot be used as the basis for deciding the case.If the circumstances are serious,the perjury crime can be investigated according to the criminal law.Thirdly,the operation of witness guarantee certificate in practice is detailed.In the case of remote trial and remote trial,if the witness can't sign the witness guarantee certificate before testifying again,whether it needs to sign the supplementary guarantee certificate and how the validity of the supplementary guarantee certificate may be defined.