Witnesses to testify, is the basic requirement of modern court system, is also key to safeguard judicial justice. Caused witnesses or witnesses refused to appear testify phenomenon of causes is multifaceted of: from psychology perspective see, witnesses refused testify is its inside negative psychological of external performance; from economics perspective see, witnesses refused testify is missing economic interests driven of directly consequences; from sociology perspective see, witnesses refused testify has deep of social environment and history culture causes; and from legal learn of angle see, is is obligations not clear, and rights obligations imbalances of results. This article on for has expositions, analysis witnesses unwilling to appear testify of causes, and for above causes made perfect China witnesses appear testify system of countermeasures, and focused on pointed out that, witnesses appear testify difficult not a simple of legal problem, but a complex of social systems engineering, only optimization witnesses appear testify of internal, and external environment, perfect China witnesses appear testify system, to to appear testify difficult of problem solution was better.
In practice due to the incomplete witness system in China has caused many problems and contradictions, in these issues is the most prominent witness without effective implementation and protection issues.
Based on the evidence of course arrangement, our evidence of course social research activities were launched in May 2004, heard is up to the problem, almost without exception every respondents mentioned this issue many times, witnesses refused to testify at the same time raised a series of problems and contradictions are made many concrete solutions to the case and quite productive ideas and suggestions for improvement. We in investigation end Hou of statistics data indicates that practice in the appear rate indeed is low, to criminal cases for cases only accounted for average 6%, civil cases witnesses appear rate only accounted for 3% around, administrative cases appear rate more low, this phenomenon if long-term down, on China procedural law of implement and litigation run brings serious of consequences, while makes expressly of witnesses should appear testify of legal mere formality led has method failing of consequences, on the witnesses not appear testify also not conducive to judges identified case truth, may led unjust, more terrible of also is if we not from now on began as soon as possible established and perfect witnesses appear system words, judicial just will lost program just of relying on and ceased exists, therefore I on in for social investigation in the made of first-hand information combination by learn of evidence learn theory knowledge, under China currently about witnesses appear testify of related legal provisions and judicial explained, discussion how perfect and established witnesses appear testify of possibilities and necessity.
, Witness the concept and role of the witness.
(A), the concept of a witness.
Witnesses to testify, is the basic requirement of modern court system and protect the essential conditions of judicial justice. Witness is the understanding of the circumstances of the case and a court summons to testify in person. Witnesses themselves know the facts of the case to the people’s Court oral or written statement by witness testimony. Documentary evidence, material evidence and witness interrogation, audio-visual material and other evidence to prove to each other, make each link of the chain of evidence in civil proceedings an organic whole, common to prove the facts of the case.
China legal on witnesses appear testify has expressly: Supreme People’s Court on administrative litigation evidence several problem of provisions under 41st article provisions “who know cases facts of people are has appear testify of obligations” Supreme People’s Court on civil evidence of several provisions under 33rd article first paragraph provisions: “witnesses should testify, accept parties question”; criminal procedure method 48th article first paragraph provisions: “who know cases situation of people, are has appear testify of obligations”. Define three procedural law in China will witness as participants in the proceedings, are legally entitled to certain rights and obligations undertaken action.
(B) role of the witness.
1, the witnesses accept the Court asked his testimony can be verified and gave their interrogation, to identify the facts of the case, can make the view of the prosecution’s biggest rival. Especially in the criminal suspect and the victims both diverging occasions, asked of both the witness to attend interrogation, exposing the facts of the case, finds facts correctly,
2, will witness the current court forms the cross of changes, step by step by the Prosecutor read out the testimony of witnesses, conclusions into prosecution cross-examined key witnesses, expert witnesses on cross examination, strengthening the role of the prosecution in the trial, mobilize the enthusiasm of a prosecution in the trial activities. Proof of increased crime of uncertainty, conducive to the realization of the objectives of the judicial justice.
3, a witness to testify, is helpful in improving transparency in the case. The attendance of witnesses can reduce biases in law enforcement to avoid black-box operation, reducing the likelihood of perjury, false testimony, free certification, can effectively avoid the occurrence of unjust, yet played a key role.
4, the trial Chamber to give evidence, to improve the effectiveness of action, so as to improve the quality of handling cases, promote the realization of judicial justice.
Second, the reasons for witnesses not to testify
There are many reasons for this phenomenon:
(A), from the perspective of psychology, the witnesses refused to testify is the outward manifestation of their inner a negative psychological.
Witness 1, weak legal sense, conservative. Witness to the impact traditional backward ideas, subjectively and unwilling to testify. Since ancient times, people into the Yamen was considered a bad thing, while “much less a matter of” effects of thought is very deep. Some legal sense is not strong, that witness is under the people behind the “black hand” not above board, will be sneered. Sense while others missing, “none has been business, hang up”, always proceeding from their own interests, be afraid of inconvenient to yourself, gain, rarely taking into account the feelings of the victims. Weak legal sense, the impact of traditional attitudes, fear of reprisals is the reluctance of witnesses to testify of the important reasons. Some witnesses legal consciousness weak, lack testify consciousness, even not know testify is citizens of a item statutory obligations, think punishment crime, and combat crime just judicial organs of thing and himself has nothing to do and unwilling to appear testify, even some witnesses to a hostility attitude treat judicial organs and judicial personnel, in judicial organs notification its appear testify Shi not cooperation, either deliberately evaded, either being privyto the; some witnesses by “to and for your”, and “be persecuted to death not unbelievers”, traditional concept of effect, because fear trouble, and fear offend and on appear testify can push on push, can hid on hid, anyway are refused to appear testify;
2, witnesses are afraid to testify. Is out of fear for their personal and property security of witnesses, and afraid to testify. Witnesses in criminal proceedings not only to understand the crime being compared, and the vast majority of the witnesses and the accused, the victims are very familiar with, and some are still with the accused, the victims were their neighbors, xianglixiangqin, bowed out of sight to one another are on the rise. Coupled with some witnesses who testify blow, retaliation, framed and relatives have had their personal safety, property and other legitimate rights and interests of the damage cannot be handled in a timely, effective, social negative impacts. Make witness fear, worried that she has such a fate, not to testify, even if the testimony is also still the pipa covered surface, cover. At best, only willing to provide a written testimony and additional privacy conditions, so as to make of witness testimony loses mass to become final in accordance [Note 1].
3, witness on court with stereotypes. Some worked as the defendant or the witnesses had been to court as a plaintiff, views on the judgment of the Court or that injustice and hatred on the Court itself, when the courts when called to give evidence or appear to give evidence, it is not willing to or avoidance, or of being privyto.
(Ii), from the viewpoint of sociology, witnesses refused to testify has profound social environment and historical and cultural reasons.
1, on the social concept of reason (deep reason for this is my witness unwilling to testify). More than 2000 years of Chinese feudal tradition is respected “and your” of Confucianism, Confucian doctrine stresses is the core of “courtesy”, “German”, “benevolence”, advocated harmony rather than confrontation, advocating compromise rather than fight. “Ritual purposes, and your” concept will inevitably make people lawsuit Court of shame that “litigation as a virtue, and litigation related to stigma-free”. Some scholars have pointed out brilliantly, “when participants of the ancients in speaking of lawsuits behavior, often with obvious derogatory prefix or suffix words to show their disdain. If ‘ AIDS the defendants ‘, ‘ litigation ‘, ‘ opinions vary, ‘ ‘ shyster ‘ is. “This lawsuit of traditional social values, and exert imperceptible influence to affect the behavior of the people [Note 2]. Specific to the proceedings, witnesses often self-preservation know the circumstances of the case, that Court is the “go to kitchen to ask” is a disgraceful thing, “much less a matter” and is therefore reluctant to testify. In addition, during the cultural revolution in China “legal nihilism” in vogue, slowed the historical process of modernization of China’s rule of law, weak legal sense of the whole society, failed to form a good atmosphere of support, praised the attendance of witnesses, more a mockery, which also affected the enthusiasm of the witness to testify on the objective.
2, “unwilling to offend the people”. In investigation in the, we found many witnesses are and cases in the of parties familiar, some also and parties has countless of relationship, reality life in the also indeed so, not neighbors, and relatives and friends, and friends, and also impossible know involved cases of real situation, this on makes witnesses produced unwilling to offended people of idea, Chinese has always heavy feelings, especially acquaintances good do, and multiple friends multiple channels, thought is by no means overnight can change, also impossible simple to form feudal traditional Confucian thought, and not for the witnesses suicide bombings Department to wanted to wanted to, if witnesses made has on party parties adverse of testimony, up testify Hou of end and the situation will imagined, not only was not to party parties of understanding, is its family also not understanding, not support, even will to family and friends brings discovery was, offended of people can large has, this is witnesses not original appear of important causes one.
3, witnesses fear reprisals rather than appearance. Witnesses fear was combat, retaliation by the parties. Especially the “evil” Blaster, Blaster, Blaster, and village tyrants more serious places, witnesses due to testify to the adverse party of resentment, revenge, even personal, property, for themselves and their families subjected to blows of self-protection consciousness of the future, afraid to testify. Although provided for in the 49th of the criminal procedure law in China: the people’s courts, people’s procuratorates and public security organs shall guarantee the safety of witnesses and their near relatives. The witnesses and their near relatives are threatened, insulted, beaten, or reprisals and constitute crimes, offenses; is not serious enough for criminal punishment, the Security Administration punishment according to law. [Note 3] article 102th of the civil procedure code also provides accordingly, of the administrative procedure is not involved on this. But the scope of the law on the protection of witnesses is not clear, specific protection system and does not provide for appropriate measures, much less establishing protection like a foreign body there is someone on the effective protection of witnesses, and when on a witness to the practice of reprisals event of evolving,
(C), from the perspective of Economics, witnesses refuse to testify is a direct consequence of the lack of economic interest.
1, a witness to testify, economic losses caused to the individual. Driven by the market economy, strengthening people’s economic ideas. Time efficiency, efficiency is money. Witness, especially to testify will inevitably lead to loss of working time, but also their own flower fares, accommodation costs, rather than “don’t know” or don’t want to be the best. Was in the primary stage of socialism in China, economic underdevelopment, people’s life is not very rich, to the considerable number of people, travelling expenses required to testify, accommodation fees, loss of working time is a no small expense.
2, causing economic loss inconvenience witnesses due to testify and definition, do not receive timely compensation. Witnesses due to testify and expenditures of the travelling, accommodation, meals, loss of working time loss compensation, such as the implementation is not in place, although the people’s court proceedings fee provisions of article II of witness costs sth, after should be charged to the parties by the Court, and paid to a witness. However, in practice, because of the trouble, and defines the amount is not clear, generally are not implemented. Witness the actual costs incurred and compensation for economic loss is not so unwilling to testify.
3, practicing lawyers in payment of compensation to witness the way abuses. Evidence of lawyers who practice at the moment is their disbursements, then discuss it with the client source, lawsuit prevailing delegate general happy to Pocket, once lost, most individuals in legal fees paid by a solicitor, moreover, how much economic compensation law does not stipulate that lawyers worry about when the paid, fewer witnesses are reluctant to appear much, and suspected of buying a card.
(D), from the perspective of jurisprudence, it is not perfection of legislative content, uncertainty and imbalance of rights and obligations of result.
1, the legislative content too general, the lack of rigorous scientific. Civil procedure law article 70th “units and individuals who know the circumstances of the case, had an obligation to testify.” This principle articles too. First, recognized the compellability of unit has the same way as natural persons, which is inconsistent with the nature of the witness request. In practice, witnesses often provide only seal of unit a written testimony, evidence of its effectiveness is difficult to grasp, in the event of forgery, its responsibility is difficult to pursue. Second, the way to witness, testifying the rules of procedure, set and norms are not comprehensive, making operability compromised of witness to fulfil their obligations. Third, no testifying witness fails to perform obligations under a corresponding liability. That does not provide for no legitimate reason to refuse to testify in legal responsibility. This was tantamount to instructions to witness a violation of the legal obligations does not have any legal consequences, nor are they required to bear any legal responsibility, obligation of witness clauses null and void.
2, the legislative content of unclear or contradictory. Civil procedure law provides that per capita who understand the truth of the case have the obligation to testify, does not exclude the witness and whether the parties have relatives, interested and engaged in professional issues. This on the one hand and special industries, such as the of the lawyers law of the notary provisional regulations of lawyers and notaries of the confidentiality obligations under conflicting; on the other hand has a direct impact on the traditional concept of family ethical relationships, allowing witnesses to give evidence or not at a loss, clearly run counter to the legislative intent. Such as: civil procedure is not to “difficulties not to appear” clearly defined in specific circumstances, that free to expand in judicial practice “difficulty” scope of application, making some of the witnesses should appear or may appear difficult and no reason whatsoever to appear, in written testimony in place of oral testimony, to produce evidence instead gave their interrogation.
According to certain rules of evidence in civil proceedings, of the Supreme People’s Court [Note 3] the 55th “witnesses should testify, questions of the parties. Witnesses in court testimony of organization attended the statement when the parties exchange of evidence, be regarded as a witness. 56th article civil method under 70th article provisions of “witnesses does have difficulties cannot appear”, is means has following scenario: (a) infirm or action inconvenience cannot appear of; (ii) special post does cannot left of; (three) road special distant, traffic inconvenience difficult to appear of (four) because natural disasters, force majeure of causes cannot appear of; (five) other cannot appear of special situation. Situation in the preceding paragraph, by the people’s court permission, witnesses can submit written testimony or audio-visual materials, or by means of bi-directional audio transmission technology to give evidence. “Other than this witness could not refuse to testify, but witnesses in reality tend to randomly not appearing under various pretexts, useless even to notice was ordered by the Court to testify.
3, the serious imbalance of rights and obligations of witnesses in the legislative content. Special emphasis on the witnesses testifying obligation of the civil procedure law, and the witnesses shall enjoy the right not to pay attention to. If its due to testify in the payment of costs and compensation for economic loss caused by the reduction of normal income, if caused by a witness and relatives have had their personal safety and property protection, there are no legal provisions. This will inevitably lead to witness overwhelmed economically, ideologically also worry about, had to choose not to testify or testify.
4, for “special status” witnesses refusing to testify there is no specific provision of
Witness expressly provided by law in China, “people who know the facts of the case have the duty to testify.” And now we’re “special status” witnesses, particularly heads of police, administrative right to famous people tend to excuse their own work, such as busy and unwilling to go to court to testify. As for handling police (including the prosecutorial case prosecutors in the case under investigation) is not used by ordinary identity of the witness to appear.
Such as the above reasons, it was necessary to establish a set of witnesses to testify in constraint punishment mechanism to protect witnesses, otherwise only witness dead letter had no legal mechanism to establish a witness is also one of the important reasons influencing witnesses, so as soon as possible, perfecting witness rule is very urgent, very necessary.
Third, the legal thinking about perfecting system of witness
(A), against witnesses refuse to testify is the outward manifestation of his inner negative psychological factors. There are profound social environment and historical and cultural reasons. From the following areas.
1, increase the intensity of law on witness advocacy. According to the author of the survey, a significant part of the reason for people not to give evidence is selfish motives at work. This and the current social climate-related, of course, but the legal publicity could not evade its responsibility. Was had impassioned to said: “if we like publicity family planning policy as, makes witnesses appear testify of obligations reached well-known; if we like publicity tax law as, makes masses are know witnesses appear testify like tax as not evaded; if we like publicity insurance under as, makes masses are know witnesses appear testify is a item public activities, witnesses appear testify in protection others legitimate rights and interests of while, is in protection witnesses own. If the climax really stirring up publicity from top to bottom, then we can believe that, in 35 years to encourage witnesses and willingly fulfill their obligation to testify. “This estimate is too optimistic, but it also illustrates the importance of witness testimony for legal advocacy. The author believes that witnesses needed a good environment, through publicity and moral education to the community as a whole can form a glorious and refusal to testify despicable opinion, create a good atmosphere of respect and protection of witnesses, then witnesses consciously to testify on the corner.
2, complete social control mechanism, reducing induced factors of crime, maintenance of public order and stability. Witnesses are afraid of reprisals was one of the reasons for its refusal to give evidence, particularly in major criminal cases. Ex post facto punishment against witnesses is certainly a measure, but prevention is fundamental. Under the current public order situation not too optimistic, necessary to start with control communities induced factors of the case, form around a good environment for testifying of witnesses, injuring witness behavior of inorganic, which reduced the worries of witnesses.
3, should attempt to establish a witness service system. Witness service system may be quite unfamiliar to many people, but related practice has a precedent for us abroad. United Kingdom court witness service system in 1996, not only each criminal court in England and Wales, but now more and more security courts provide the service. Witness service agencies subordinate to The Victim Support, a UK charitable organization, to be the witness to testify in court as the main service object (also including victims), designed to provide free, confidential service through volunteers, ease the witness in the pre-trial, trial and after trial may feel unstable emotions, give them a psychological, and emotional support. Its services include such by well-trained staff and heart-to-heart talk, scheduled witness prior check, explanation of the court proceedings, escort witnesses into court as well as other more practical help. In my view, this reflects on the witness deeply humanistic service system in the promotion of the witnesses to give evidence of a witness be rock from another mountain.
(B), against the witness refused to testify is the lack of economic interest, legislation is not perfect, the obligation not to clear the contents of, the imbalance of rights and obligations, from the following areas …
1, complete witness system of compensation for expenses and economic losses. Although the law has not yet provided witness claims system, however, according to the provisions of the people’s court litigation fees, foreign legislation, as can be seen on the attendance of witnesses before and after the related preparation work, economic losses due to payment of fees and grant appropriate financial compensation should be, is also required. Therefore, on the one hand, proposed legislation to establish a witness claims system, loss of loss of working time of the first witnesses, genus travelling expenses, subsistence, accommodation costs and other litigation expenses these costs in the category of criteria, make specific provision for advance surrender and burden, gradually expanded and standardized after the attendance of witnesses made before and after preparation fees and other compensation for loss of real economic range. On the, in view of current of judicial practice of needed, can in witnesses appear testify Shi, by court told its to Court declared specific costs, by verified Hou, according to the evidence adopted situation respectively processing: If the witnesses testimony is on case real statement, can for finalized pursuant to, the costs by losing party burden; if the witnesses testimony and case facts has nothing to do, does not was adopted, the costs by proof of party burden; if witnesses appear does not testify or for false proved, the costs except by its I itself burden outside, also according to plot severity, in accordance with the false testimony card of about provisions commitment legal responsibility.
2, a clear witness is no legitimate reason not to give evidence of coercive measures and legal liability. There is no national force protection legal provisions are null and void. Witness is a mandatory legal obligations, China’s law does not provide no justification for not appearing in the coercive measures and the corresponding legal responsibility. This is another blind spot on the legislation. Experience of foreign legislation, such as the United Kingdom on the witnesses refused to appear without legitimate reasons, can be arrested and, if necessary, punishable by contempt; Japan also stipulates the Court can order their burden of litigation costs that occur as a result and a $ 5,000 fine, and may be prosecuted for criminal liability, impose penalties, including fines, detention and, if necessary, the Court may order detention of witnesses. Therefore, China’s status quo and trend of international lawsuits legislation of judicial practice, and increase reset can be modified as follows: first, must appear in the form of witness to change with notice, summons, subpoena, twice summoned witness does not appear, summon for detention applicable additional terms cited. Thus reflected is witness to a statutory obligation on functional national force protection. Second, serious consequences for refusing to testify to the lawsuit by law or judicial interpretation clearly liable to fines, judicial detention in case the consequences of particularly serious or particularly bad, can sentence penalty for the crime of obstruction of justice. Third, expressly provided for heads of police, administrative, expert and other evidence specific procedures and obligations, strictly limit the scope of the right of witness refusing to testify, subject to special duties and enjoy the right to refusal of State secrets, knows the true circumstances of a case of people in General should testify.
3, complete physical and property security of witnesses and their near relatives safeguards. 102th, the civil procedure law provision “of judicial staff, sth proceedings participants, witnesses, insulting, defamatory, false charges, beaten, or retaliating against” “people’s courts can be fined, according to the seriousness of the detention constitutes a crime, shall be investigated.” Yizhe, retaliation often witness not only for itself, but also for their close relatives; not only for their personal interests, and also for its interest in property, legislation on the subject and the object of a specific nature, opportunity left to revenge, also impossible on the self-protection of witnesses. Is the so-called Ming gun is easy to hide, a sneak attack difficult to control. The two, or retaliate against behavior often occurs in the case, even after execution of the program ended. Afterwards it makes law enforcement personnel identified or are afraid of getting into trouble because of bad plot, that witnesses against criminal acts of awareness of personal and property rights is not enough, combat ineffective. Therefore, legislation should be clear on the one hand provides for witnesses due to testify in his own and a close relative of the person and property protection, including protection and proactive protection. The other hand, law enforcement personnel to improve on from the ideological roots awareness of reprisals against the witness, from raising the level of law enforcement on the professional quality, strictly enforce timely, fast and strictly punish the offence of retaliating against a witness, fundamentally eliminate the ideological concerns and worries of witnesses.
4, giving the testimony of a witness from the right. Free proof refers to the citizens of the right of the witness in legal cases may refuse to act as a witness to certain problems or denial of rights to be heard, also known as the testimony of exemption from testifying. Establishment of a free proof of witness system, and can reduce the occurrence of unreasonable refusal of witness, perjury phenomenon, and can reduce the difficulty of authenticity of the testimony of judiciary review the choice and thereby facilitate the witness system rationalizes reasonableness, better reflect the humane care of the legal protection of human rights and justice [Note 5]. Three procedural law in China to take “grasslands” approach, providing all know that citizens have an obligation to testify on the merits, and provisions for free proof of witness almost absence, not only contrary to the widespread practice of States and the world, and attach importance to the historical traditions of the family also out of step, is more of a modern society cannot allow the rule of law. We believe that, in view of the shortcomings in existing legislation, as soon as possible to work out suitable witnesses from the rules for China’s national conditions. Give witness right to enjoy exemption from obligation to testify in specific circumstances. Range of witnesses, the right to give free proof of course exceptions to the right of witnesses, it remains to be seen further justification. In addition, if you exercise the right of free proof will seriously damage the interests of Justice or the expense of other important social, you can limit the exercise of this right.
5, encouraging tainted witnesses to give evidence, give the tainted witness immunity. Witness immunity refers to a tainted witness of cooperation with the prosecution authorities of the State, as a prosecution witness, to testify against other perpetrators of crimes, so as to reduce or waive their liability. Give the tainted witness testimony immunity is the requirement of proof of an offence. According to a person not subject to forced self incrimination principle, although tainted witnesses about the merits, but its no proof of an offence and may lead to its own obligations from criminal action. In certain offences such as bribery, organized crime, criminal behavior are often very subtle, more difficult to collect evidence to prove that crime, therefore, the participants confirmed the crimes of criminal activity, it is necessary [Note 6]. 68th, article of the criminal law of China stipulates: “the criminals have discovered when criminal acts of others, be verified or provide important clues, thus allowing the detection of other cases and other meritorious, a lighter or mitigated punishment has performed great merit, can reduce or exempt from penalty. “Bribe Article No. 390 of the Penal Code on the punishment of the crime, before the defendant, the briber active account of bribery can be mitigated punishment or exempted from punishment. Section No. 392 of the criminal code describes the punishment of the crime of bribery, bribery of people active account for the acts of bribery before the defendant can be mitigated punishment or exempted from punishment.
6, explore cases Awards meet requirement of market economy system, to effectively combat the illegal and criminal acts. Dalian municipal Public Security Bureau awards method is used to launch citizens with criminal cases and fugitive who leads, and institutionalization of this practice on January 1, 2004, developed and implemented the citizen assist arrested criminal cases cracked staff incentives and rules. The measure, according to reports by public security organs uncovered criminal case, or according to the reports of arrested suspects, accused and criminals captured escaped from places of detention, should be given to the informer reward, function determines the size of the reward amount according to the report of clues. Which on reported criminal cases of award amount, in accordance with the General cases, and major cases and special major cases three a standard set; on reported at large personnel of award amount, in accordance with the Department, and province, and city and “online at large personnel” four a standard set, standard from 200 Yuan to 10,000 yuan ranging; reported on social harm special serious of criminal cases or at large personnel, its award amount Supreme can up 300,000 yuan. The incentives also provides that the personnel and other citizens in custody of the prison and detention center, enjoy a right of access to awards, bonuses received by families, so that all staff are included in the range of awards. To facilitate reporting and protection of the informer, it is understood that the reward system implemented a year, the effect is very obvious, significant criminal cases increased degradation of Dalian City, detection rate increases, which homicide case detection rate rose by 20%, the events of the year homicide case, uncovered near 90%. We can also encourage witnesses to develop appropriate incentive rules.
In short, the society is an organic system, elements of every social change will affect the development of global change. And only let each witness negative factors are controlled, fulfilment of the obligation to promote the rights of witnesses so that every negative factors affecting the witness is under control, all aspects form a joint force, witnesses in order to become a microcosm of this social interaction. To ensure that the laws so that gradually perfecting the litigation system in China with the international practice, our trial system of practical steps towards the direction of procedural fairness.