Witness testimony refers to the statement made by the witness to the public security and judicial organs about the case he knows. Witness testimony is generally an oral statement, which is fixed in writing. The case handler agrees that the written testimony written by the witness is also the testimony of the witness. 1, victim statement. 2 confessions and excuses of criminal suspects and defendants. Article 46 of the Provisions on Evidence in Administrative Litigation stipulates that the judgments, speculations or comments made by witnesses based on experience cannot be used as the basis for finalizing the case.
Legal objectivity:
First, how to determine the effectiveness of witness testimony? Witness testimony should be the objective information related to the case heard by the witness, that is, the facts and controversial facts that cause the occurrence, change or elimination of civil legal relations. As long as the testimony provided by the witness can clearly state these facts, the witness is not required to make a subjective evaluation of these facts. Therefore, the facts unrelated to the case stated by the witness should not be used as the content of testimony; Nor can the analysis and understanding of witnesses or legal evaluation be used as evidence. Witness testimony should be what you saw and heard personally. If it is the so-called hearsay testimony that others have seen or heard, it cannot be used as the content of witness testimony. When analyzing witness testimony, the people's court must also find out the identity of the witness and its relationship with the parties. Then, carefully analyze and study the subjective and objective factors of witnesses. As for the subjective factors of the witness, we should consider his cultural level, his understanding of things, his cognitive ability and expressive ability. As far as its objective factors are concerned, we should consider the objective environment of the witness at that time, such as light and shade, distance, indoor or outdoor, noisy or quiet and so on. When analyzing and judging witness testimony, we should comprehensively analyze and study all cases and other evidence. Only in this way can the authenticity and validity of the testimony be determined. Second, the legal provisions for witnesses to testify In China, the scope of witnesses in litigation is very extensive. Article 60 of the Criminal Procedure Law of People's Republic of China (PRC) stipulates: "Anyone who knows the circumstances of a case has the obligation to testify. People who are physically and mentally defective or young, can't distinguish between right and wrong, and can't express correctly can't be witnesses. " Article 6 1 of People's Republic of China (PRC) Civil Procedure Law (for Trial Implementation) has similar provisions. According to the law of our country, it is the glorious duty of citizens to testify, and the law does not refuse to testify. When a witness testifies, he shall be informed of his legal responsibility for truthfully providing testimony and intentionally perjury or concealing criminal evidence. At the same time, the law protects the personal safety of witnesses. During the trial, the presiding judge shall preside over the questioning of witnesses. "Civil Procedure Law (Trial)" stipulates that if it is really difficult for a witness to appear in court, he may submit written testimony with the permission of the people's court. Witnesses may make false statements, or their testimony may be inaccurate due to feelings, memories, expressions and other reasons, so witness testimony should be carefully examined. Article 37 of the Criminal Procedure Law stipulates: "The testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of witnesses from all sides can be used as the basis for finalizing the case." The Civil Procedure Law (Trial) also stipulates that witness testimony "must be verified before it can be used as the basis for ascertaining facts". Article 6 1 of People's Republic of China (PRC) Civil Procedure Law (for Trial Implementation) has similar provisions. According to the law of our country, it is the glorious duty of citizens to testify, and the law does not refuse to testify. When a witness testifies, he shall be informed of his legal responsibility for truthfully providing testimony and intentionally perjury or concealing criminal evidence. At the same time, the law protects the personal safety of witnesses. During the trial, the presiding judge shall preside over the questioning of witnesses. "Civil Procedure Law (Trial)" stipulates that if it is really difficult for a witness to appear in court, he may submit written testimony with the permission of the people's court. Witnesses may make false statements, or their testimony may be inaccurate due to feelings, memories, expressions and other reasons, so witness testimony should be carefully examined. Article 37 of the Criminal Procedure Law stipulates: "The testimony of witnesses must be interrogated and cross-examined by the public prosecutor, the victim, the defendant and the defender in court, and the testimony of witnesses from all sides can be used as the basis for finalizing the case." The Civil Procedure Law (Trial) also stipulates that witness testimony "must be verified before it can be used as the basis for ascertaining facts".