On The Witness System In Civil Litigation

The system of the witness'testimony at court is the core of witness system. In the realm of the civil evidence law, it plays an active part in settling civil dispute and has great value in realizing substantial justice,maintaining procedural justice,impelling the reform of civil trial fashion. There are two main contents in the system of the witness'testimony at court, namely, the witness'testimony at court and the witness'testimony according to the facts. If resolving the two problems, the function of this system could be exerted. However, for some reasons, it has been a grievous phenomeono in the judicial practice that a witness refuses to testify at court or provides false testimony, which leads to a series of disadvantageous results.The research object of this thesis is just the system of the witness'testimony at court. For the objective to perfect the system and accelerate the legislation of our country's civil evidence, by the method of comparison, this thesis compares and appraises the systems of witness'testimony at court in the two genealogies of law. Whereafter,it analyzes the problems existing in this system of our country and its reasons . On the basis of the above analysis, using the interrelated regulations in foreign systems for reference and combining the situation of our country,the thesis puts forward the suggestions on perfecting of this system of our country.This article includes four chapters:The first chapter——the basal theoretics of the system of the witness'testimony at court.firstly, the chapter analyzes two elementary matters——the definition of the witness at court and the qualification as a witness. Secondly, the chapter introduces the definition, the contents and the vlaue of this system. The second chapter——the comparative research of the system of the witness'testimony at court.By comparing this system in the common law system and the civil law system, this chapter compares and analyzes a series of system matters and procedural matters of this system , It includes: the scope of witness at court ; the interrelated safeguard of rights with the system, including the rights of claiming monetary compensation and...