Research On The Civil Litigation Experience

To find out the facts of the case,to restore the truth,is the primary task of civil trial,and the experience of litigation activities is the basic guarantee of realizing this task,is the intrinsic requirement of civil litigation activities,and also the basic logic of realizing the justice of civil judgment.civil litigation experience refers that the judges,the parties and the other litigation participants involved in the trial,through the direct verbal manner in face-to-face dialogue,and after the concentration of trial,the judges make the judgement in accordance with the facts of the court to determine the facts and evidence of the provisions of the litigation.In this paper,the author discusses and perfects the establishment of the experience principle and the system design from the viewpoint of civil litigation.The article is divided into six chapters:Chapter one:introduction.This part introduces the background and significance of this article,and then summarizes the research at home and abroad,and finally the author clarifies the main innovation of this paper.Chapter II:the summary of civil litigation experience.In this part,the author defines the connotation and concept of the civil litigation experience from the three aspects of the parties,the other litigants and the judges.At the same time,the author analyzes the elements of civil litigation experience from the perspective of four elements of subject,object,time and space and pattern.Chapter three:The Theoretical Basis of witness principle in The Civil Procedure Law.This part discusses the witness principle,and the legal basis is the most important of it.The witness principle can not only realize procedural justice and benefit,but also help the res judicata effect of judge.Witness principles originated from the "Wu Ting" system about five kinds of psychological activities,which was established in the Western Zhou Dynasty.And the judges made it easier to form free evidence by observing the micro-expressions of the parties and other litigants.The trial is the correct way of litigation awareness activities,and the scientific rigorous process of litigation is the prerequisite and basis for the judge to make the correct referee.Chapter four:The present situation of witness principle in The Civil Procedure Law.In this chapter,I analyze the present situation of it and find out that currently witness principle in our country is extremely deficient and inadequate.So I support that witness principle should be established and under the guidance of this principle,the specific legal provisions about the parties,other litigants and the referee,should be fully reformed and improved.Chapter five:The present running situation of witness principle in China.I point out that there are many problems in operation,such as the absence of the court in court,the failure of the witness to testify and the separation of the trial and judgment and so on.I found the problem and summary it after studying the relevant content in foreign counties.Finally,strictly according to the four elements in witness principle,I assess innovation model of WeChat trial.Chapter six:Perfect the witness principle in China.In this part,I put forward improvement some suggestions for the system,such as strengthen the obligation for parties to attend the court,punish for anyone who refuse to make statements or make false statements,which should be improved and perfected,establish witnesses' right to refuse to give evidence,abolish the system for the case signed and consult,reform the trial committee system,implement the unity of trial and judgment under the staffing system,and reform the centralized trial system.