Rules for witnesses to testify abroad, and legal provisions that witnesses shall appear in court to

Legal analysis: Although the law stipulates that although witnesses have the obligation to appear in court to testify, they are not required to appear in court to testify, because when a witness is slow due to special circumstances and is indeed unable to appear in court, with the permission of the people's court, he may testify by providing written testimony, using audio-visual transmission technology or audio-visual materials.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 73: Where witnesses are truly unable to appear in court due to difficulties, they may, with the permission of the people's courts, testify by providing written testimony, using audio-visual transmission technology, or audio-visual materials. The so-called "genuine difficulty in not being able to appear in court" refers to the following circumstances:

1) Those who are old and infirm or have difficulty moving and are unable to appear in court;

2) The special post is truly impossible to leave;

3) The road is particularly far away, and it is difficult to appear in court due to inconvenient transportation;

4) Unable to appear in court due to force majeure such as natural disasters;

5) Other special circumstances where it is impossible to appear in court.

The analysis of the above questions is as follows: 1. The facts proved are appropriate to the age, intellectual status or health status. Article 53 of the Supreme People's Court's "Several Provisions on Evidence in Civil Proceedings" stipulates that a person who cannot correctly express his will cannot be a witness.

Persons with no capacity for civil conduct or persons with limited capacity for civil conduct who are appropriate to their age, intellectual status, or mental health condition may serve as witnesses. 2. The witness is able to objectively state the facts that he or she perceives. Article 57 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that witnesses who testify in court shall objectively state the facts they personally perceive.

The provisions for witnesses to appear in court to testify are: Upon notice from the people's court, witnesses shall appear in court to testify. unable to appear in court due to health reasons; Those who are unable to appear in court due to long distances and inconvenient transportation; Where they are unable to appear in court due to force majeure such as natural disasters, with the permission of the people's court, they may testify through written testimony, audio-visual transmission technology, audio-visual materials, or other means.

Code of Civil Procedure

Article 73.

Upon notice from the people's court, the informed witnesses shall appear in court to testify. In any of the following circumstances, with the permission of the people's court, testimony may be given through methods such as written testimony, audio-visual transmission technology, or audio-visual materials:

1) Unable to appear in court due to health reasons;

2) Where they are unable to appear in court due to long distances and inconvenient transportation;

3) They are unable to appear in court due to force majeure such as natural disasters;

4) Other cases where there is a legitimate reason for not being able to appear in court.

Civil Procedure Law of the People's Republic of China

Article 72: Requirements and obligations for witnesses.

All units and individuals who know the circumstances of the case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. A person who cannot express his meaning correctly cannot testify.

Article 73:Witnesses appear in court to testify.

Upon notice from the Imperial People's Court, witnesses shall appear in court to testify. In any of the following circumstances, with the permission of the people's court, testimony may be given through methods such as written testimony, audio-visual transmission technology, or audio-visual materials:

1) Unable to appear in court due to health reasons;

2) Where they are unable to appear in court due to long distances and inconvenient transportation;

3) They are unable to appear in court due to force majeure such as natural disasters;

4) Other cases where there is a legitimate reason for not being able to appear in court.

Article 74:Witnesses are to bear the costs of appearing in court to testify.

Necessary expenses such as transportation, lodging, and meals incurred by witnesses as a result of their obligation to testify in court, as well as losses from lost work, are to be borne by the losing party. Where a party applies for a witness to testify, the party is to advance payment; Where the parties do not apply, and the people's court notifies the witness to testify, the people's court is to advance the payment.

According to the provisions, any unit or individual who knows the facts of the case has the obligation to testify, and there is no clear provision that interested parties cannot testify, but the testimony of interested parties can only be used as auxiliary evidence, and if interested parties give false testimony, false testimony will certainly have no legal effect, and they will bear legal responsibility for false testimony.

1. Bear the cost of witnesses appearing in court to testify.

In civil proceedings, the appearance of witnesses in court is a public law obligation of witnesses to the court exercising jurisdiction on behalf of the State, and the costs of witnesses to testify in court should be paid to the witness by the court on behalf of the State, and ultimately borne by the parties as part of the costs of the proceedings. Article 74 of the Civil Procedure Law of the People's Republic of China clearly stipulates for the first time that the party losing the lawsuit shall bear the necessary expenses such as transportation, accommodation, and meals incurred by witnesses as a result of their obligation to testify, as well as the loss of lost work. Where a party applies for a witness to testify, the party is to advance payment; Where the parties do not apply, and the people's court notifies the witness to testify in accordance with law, the people's court is to advance payment.

Unfortunately, it is difficult to enforce in practice because there is no clear standard for the payment of fees at the same time. In this regard, Article 110 of the Interpretation of the Civil Procedure Law of the People's Republic of China stipulates that "the necessary expenses such as transportation, accommodation, and meals incurred by witnesses as provided for in Article 74 of the Civil Procedure Law due to the performance of their obligation to testify in court shall be calculated in accordance with the travel expenses and subsidy standards for the staff of organs and institutions; The loss of lost time shall be calculated according to the national average daily wage standard of employees in the previous year".

Legal analysis: According to Article 61 of the Criminal Procedure Law of the People's Republic of China, witness testimony can only be used as the basis for a verdict after it has been cross-examined and verified by both the prosecutor, the victim and the defendant, and the defender in the public prosecutor's courtroom. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.

Legal basis: Criminal Procedure Law of the People's Republic of China Article 61: The testimony of the person who collects evidence must be cross-examined and verified by both the prosecutor, the victim, the defendant, and the defender in court before it can be used as the basis for a verdict. When the court finds that a witness intentionally gave false testimony or concealed criminal evidence, it shall handle it in accordance with law.