The Balance Between The Two "good"

Witness system is the soul of the entire lawsuit system. without witness' participation, the lawsuit activity will lose their vitality. Witness appears in court is the part of lawsuit and it is also the requirement of justice in trial. Now In trial reform, the prefect witness testified system plays an important role in trial reform in our nation. In order to solve the problem better in witness system, we have the necessity to carry on the discussion on the elementary theory.The legal duty may be divided into endures for the natural duty and must be the natural duty. Endures for the natural duty to forbids the people to make some kind of behavior, plays "endures the role wickedly" . "Must be the natural duty " requests the people to have to make some kind of behavior. The duty of witness to give evidents in court is "must be the natural duty" . The legal duty hypothesis must have the rationality, must belong to the right duty. Looking from the present domestic and foreign research results, when people talk about the rationality of legal duty, they always judge from the substantive rationality and the form rationality. The substantive rationality and the form rationality are the unificationof opposite relations. The two sides of the duty have the conflict and the contradiction. The basic way of solving this problem is the legal practice. The legal action of the practical subject influnces the rationality of law practice directly. But the law operation theory has established the rational legal process. The final outcome of this process is that the law practice rationality can realize.