Research On Online Testimony

In the civil procedure of China,there is a low witness appearance rate and excessive written testimony.This results in the inability to cross-examine the testimony provided by witnesses,which is detrimental to the judgment of the authenticity,legality and relevance of the evidence.It is not conducive to ascertain the facts of the case and it is difficult to ensure that the case is handled fairly.There are many reasons for this phenomenon.The objective reasons include witnesses' frail or ill health,witnesses' inability to leave due to special positions,natural disasters,and other force majeure,which can prevent witnesses from appearing in court.Subjective causes include witnesses fear of retaliation,worry about economic losses and interpersonal relationships,fear of trouble,and dare not accept crossexamination in court.In addition,the civil witnesses are not imposed to attendance according to law,which will lead to a low attendance rate.As for judicial issues with low witness attendance rates,due to the shortage of judicial resources,traditional methods of testimony cannot solve this problem.Therefore,there is an urgent need to adopt a more secure,convenient,and economical testimony to ease it.Online testimony in nature can achieve the value of traditional testimony and increase witnesses' rate of testimony in court and ease the testimony of witnesses in court.On the other hand,the implementation of online testimony has a corresponding legal basis and realistic conditions,which makes it feasible to solve the difficulties for witness appearing in court.However,there are many problems in online testimony,including the scope of application of online testimony is narrow,the utilization rate is low,and the lack of a unified standard.These problems have hindered the application and promotion of online testimony,which has affected the use of online testimony to improve the appearance of witnesses.In order to promote the application of online testimony to improve the rate of witness appearing in court,it is necessary to do some improvements: first,expand the scope of application of online testimony;Second,improve the utilization rate by various ways;Third,formulate a unified standard of online testimony;Fourth,increase the investment of online testimony.