On The Witness Testimony System In Civil Litigation

Clarifying the concept and nature of the witness testimony system in China’s civil litigation can help identify the shortcomings of the existing legislation and prepare the ground for making relevant suggestions for improvement.To understand the basic connotation of witnesses and the act of witness testimony by referring to academic views.By analysing the spirit of the legislation,it is clear that the witness testimony system in China is "generally an obligation to the parties,but also social in nature".After further analysis of the above,it is concluded that the witness testimony system can play the functions of restoring the facts of the case,ensuring that the judge is a neutral judge and improving the efficiency of the trial,which has important legal significance and research value,laying the groundwork for the legislative proposals to be made later.At this stage,there are four key issues in China’s civil litigation witness testimony system: unclear criteria for witness eligibility,inadequate procedural norms for testimony,lack of specific protection of witness rights and interests,and the need to refine measures for witness integrity and responsibility.In terms of the eligibility of witnesses,the eligibility of units and minors to be witnesses has become the focus of controversy.By analyzing the concepts of witness eligibility and the probative value of testimony,it was confirmed that they are eligible to be witnesses if they know the facts of the case and are able to express them correctly,and it is up to the trial judge to further determine whether their testimony will be admitted.In terms of witness testimony procedures,China’s legislation on the one hand lacks mandatory requirements for civil witnesses to testify in court,leading to a lack of motivation for witnesses to appear in court in practice,and on the other hand manifests itself in the excessive discretionary power of judges to question witnesses,which increases the workload of judges and tends to breed corruption.With regard to the protection of witness rights and interests,the provisions of our law on the scope of witness protection,witness protection agencies and witness protection measures are relatively general and many details need to be further improved.In terms of witness integrity responsibility,the existing laws are vague in their application of punishment for witnesses who give false testimony,and the punishment is relatively light.On the whole,there are still a lot of provisions on the witness testimony system of civil litigation in China that need to be done to improve the content.By referring to the relevant systems of representative countries in foreign countries and combining with China’s national conditions,necessary measures should be taken to solve the above problems.First of all,the legislation should clarify the qualification of the unit to testify and improve the sanctions for the unit to give false testimony,and at the same time,it should refine the provisions related to the testimony of minors,and the judges should judge the minor witnesses of different ages,different understanding abilities and different memory abilities separately.Secondly,the legislation should take appropriate mandatory measures for witnesses to testify in court to demonstrate the deterrent effect of justice and at the same time,to stimulate the enthusiasm of witnesses to actively appear in court and testify truthfully.In the witness examination procedure,China can refer to the litigation model of partyism in common law countries,reasonably restrain the discretion of judges,and a mechanism of examination procedures is developed in line with the Chinese context,i.e.the authority of the judge is dominant,supplemented by cross-examination of the parties,so as to relieve the pressure on judges and better mobilize the parties and witnesses.The court has also been able to further enhance the credibility of the testimony.Next,enhance the protection of the personal safety and property of witnesses and their close relatives,and if necessary,establish a special agency to protect both criminal and civil witnesses.Finally,the prerequisites for applying sanctions to witnesses who give false testimony should be refined,a sound mechanism for regulating witness bonds should be established,and severe punishment measures should be improved.