Big three litigation All are possible witness The witness usually refers to the natural person who knows about the case. Having the identity of witness, you will enjoy certain rights, but also need to perform certain obligations. So who are the witnesses Rights and obligations What about? Let's have a detailed understanding in the following paragraphs.
1、 What are the rights and obligations of witnesses
（1） The witness enjoys the following rights in the lawsuit Litigious right Benefits:
1. Provided in the native language testimony Rights.
2. He has the right to read his own testimony, and to correct or supplement any errors or omissions found.
3. Suffer from testifying insult , slander, beating or other methods Be beaten Have the right to ask someone for revenge civil law The court gives legal protection.
4. Have the right to request the people's court to pay the expenses incurred and losses suffered as a result of the court's request to appear in court as a witness, such as Lost time wages , subsidies for lost time, travel expenses, etc.
5. Have the right to change the content of written testimony and oral testimony.
（2） While enjoying the above litigation rights, the witness shall undertake the following litigation obligations:
1. The obligation to testify truthfully. Otherwise, the people's court can apply it Compulsory measures 。
2. Answer truthfully Judicial personnel 、 party 、 Agent ad litem And statutory Representative About what he did Testimony of witness Questions raised; 3 The obligation to abide by the court order.
2、 Difference between witness and expert witness
The main differences between witnesses and experts are as follows:
（1） In terms of qualification conditions, appraisers have strict qualification requirements and must have relevant expertise and skills; However, the qualification requirements of the witness are only the ability to distinguish right from wrong and the ability to express correctly. Even if the witness has physical and mental defects or is young, he or she can testify in court.
（2） In terms of substitution, the witness is the person who testifies to the court on the case facts he personally feels. The basic feature of the witness is that the witness is irreplaceable, which is determined by the facts of the case itself, and can neither be appointed or employed by the court nor replaced at will; The appraisers are not determined by the facts of the case, and they are appointed or hired by the court to engage in appraisal activities. Therefore, the appraisers can be replaced.
（3） In terms of whether or not to withdraw, the witness shall not Case handling If the appraiser has reasons for withdrawal, he must implement the provisions on withdrawal.
（4） In terms of interrogation rules, the interrogation of witnesses should follow the principles of individual and isolation, and witnesses cannot understand the case; The appraisers can understand the case, and for difficult and complicated situations, multiple appraisers can discuss with each other to form the final appraisal conclusion.
（5） In terms of opinions, witnesses can only state their opinions on the facts of the case they know, but cannot express their conclusions and opinions based on these facts. However, the appraiser, as an expert, is not restricted by this opinion rule.
（6） In terms of the obligation to appear in court, the witness's appearance in court is a universal litigation obligation, which cannot be refused generally. The expert witness can refuse to accept the appointment or employment of the court for justified reasons, and can only provide written expert opinions without appearing in court to accept cross examination.
After reading the above contents, I believe that you will have a clear understanding of the rights and obligations of the witness by now. actually rights and duties They are all equal. While enjoying rights, they will inevitably involve the performance of some obligations. In reality, many people can't distinguish between witnesses and appraisers. For this reason, I have distinguished between witnesses and appraisers in the above. You can consult more relevant knowledge Nomogram lawyer.
Complaints/reports Disclaimer: The above content is integrated by LATU in combination with policies, regulations and Internet related knowledge, and does not represent the views and positions of the platform. If the content is incorrect or infringing, please contact us to correct or delete it through [Complaint/Report] on the right.
Site Map
