| This article focuses on the causes and countermeasures of witness non-appearance.By analyzing the relationship between witnesses and litigants which from the perspective of "the differential mode of association",this article extracts the core cause of witness non-appearance: "relationship dislocation".In the context of "relationship dislocation",there is no substantial relationship between witnesses and litigants,which makes testifying in court an unprofitable and risky act,thus leaving the rights and obligations of witnesses in a state of inequality,under such circumstances,witnesses tend to reject testifying in court in their hearts.In such a situation,witnesses tend to reject testifying or even deliberately choose not to testify.In the face of the phenomenon of witness non-appearance under the influence of "relationship dislocation",the article points out two solutions: one is to start from the front and choose to party the witness;the other is to choose to start from the side and use the objective situation of "relationship dislocation" to choose to make the witness non-appearance.The other is to take a sideways approach and choose to normalize the non-appearance of witnesses by taking advantage of the objective situation of "relationship dislocation".In short,whether the witness party or the witness does not appear in court to normalize,will be committed to the witness to effectively fulfill the obligation to testify,and at the same time to protect other litigants on the witness to cross-examine and other litigation rights are not infringed,to improve the effectiveness of witness testimony. |
