民事诉讼证人资格问题探析.pdfVIP

Abstract In Chinese civil proceedings, that the witness refuses to testify in court, repeated testimony of the witness, and perjury are widespread phenomenon. That the witness does not testify is ones own issues, but that legislation related to the witnesses haven’t made precise regulation is a reason that can’t to be ignored, and the legal definition of witness competency lies first. In our country witness perjury is also serious, this relates to the fact that our country has not stipulated the system of privilege of witness. Therefore, on the basis of comparative analysis of two fundamental laws and principles, in light of Chinese current civil law, the author defines the competency of the witness, and propose to construct the system of privilege of witness. The full text is divided into five parts. Part I: introduce the concept of the witness, the difference of the concept between two fundamental laws and principles and causes of the difference. In Great Britain and America law, a witness divided into lay witness and expert witness, including the witnesses that have nothing to do with the outcome of the case, and including the parties that have interest in the outcome of the case. In the continent law, witnesses is the third person that states to the court the fact about the experienced dispute . The author analyzes the cause of this difference from the legal traditions and evidence systems. Part II: define the concept of the witness competency and propose the basic requirements on the basis of the analysis of the witness competencys history and current situation. On the witness competency from the countries of the modern rules of evidence, we can see that every person has testimony qualification, but there is still some basic demands: (1) a witness should be aware, memory, and have the ability to state perceived memories .(2) a witness should understand its obligation