What are the rights and obligations of witnesses, and what are the differences between witnesses and experts

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. What are the rights and obligations of witnesses? Let's have a detailed understanding in the following paragraphs.

1、 What are the rights and obligations of witnesses

（1） Witnesses enjoy the following procedural rights in litigation:

1. The right to provide testimony in their own languages and written languages.

2. He has the right to read his own testimony, and to correct or supplement any errors or omissions found.

3. If he is insulted, slandered, beaten or retaliated by other means for giving testimony, he has the right to request the people's court to give legal protection.

4. Have the right to ask the people's court to pay the expenses and losses incurred due to the court's request to appear in court as a witness, such as missed work 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 may apply compulsory measures to them.

2. Answer the judges, parties and litigation truthfully agent Questions raised by the person and legal representative on his testimony as a witness; 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 may not apply for withdrawal on the basis of his interest in the outcome of the case, and 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. In fact, rights and obligations are equal. While enjoying rights, it 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 。