Is the witness a participant in the proceedings? Is the witness a participant in the proceedings?

Witnesses are participants in civil, criminal, and administrative proceedings. Enjoy certain litigation rights and bear certain litigation obligations.

1. Criminal litigation participants include: parties (victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation) and other litigation participants (legally-designated persons, litigators, defenders, witnesses, evaluators, and translators).

2. Civil litigation participants include: litigation participants, including parties (plaintiffs, defendants, joint litigants, third parties) and litigants (statutory litigants, entrusting persons), and other litigation participants (witnesses, appraisers, inquest personnel and translators).

3. Participants in administrative litigation include: litigation participants (parties and litigation personnel) and witnesses, appraisers, inquest personnel and translators.

4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators;

Litigation participants include parties and other litigation participants. 1. Parties. Parties refer to litigation participants who have a vital interest in the facts of the case and the outcome of the disposition.

2. Other litigation participants. Including legal persons, defenders, witnesses, appraisers, translators and litigants.

Is the witness a participant in the proceedings? Is the witness a participant in the proceedings? Witnesses are participants in civil litigation, criminal litigation, and administrative litigation.

Enjoy the litigation rights of the first line of inspection and determination, and bear certain litigation obligations. 1. Criminal litigation participants include: parties (victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation) and other litigation participants (statutory persons, litigants, defenders, witnesses, evaluators and translators) 2. Civil litigation participants include:

Litigation participants, including parties (plaintiffs, defendants, joint litigants, third parties) and litigants (statutors, entrusting persons), and other litigation participants (witnesses, evaluators, inquest personnel and translators) 3. Administrative litigation participants include: litigation participants (parties and litigants) and witnesses, evaluators, inquest personnel and translatorsRelevant legal provisions: Article 106 of the Criminal Procedure Law The meaning of the following terms in this law is:

4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; Do you understand this explanation?

Legal basis: Article 108 of the Criminal Procedure Law of the People's Republic of China The following terms in this Law have the following meanings: (1) "Investigation" refers to the work carried out by the public security organs and people's procuratorates in accordance with the law to collect evidence, ascertain the facts of the case, and relevant compulsory measures in criminal cases; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; 4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigation person" refers to the victim of a public prosecution case and his or her legally-designated ** person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his legally-prescribed ** family member to participate in the litigation on his behalf, and the parties to attached civil litigation and their legally-designated ** person who entrust to participate in the litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

Legal basis: Article 108 of the Criminal Procedure Law of the People's Republic of China The following terms in this Law have the following meanings: (1) "Investigation" refers to the work carried out by the public security organs and people's procuratorates in accordance with the law to collect evidence, ascertain the facts of the case, and relevant compulsory measures in criminal cases; (2) "Parties" refers to victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in attached civil litigation; (3) "Legally-designated persons" refers to the parents, adoptive parents, guardians, and representatives of organs and organizations with the responsibility to protect; 4) "Litigation participants" refers to parties, legally-designated persons, litigants, defenders, witnesses, evaluators, and translators; (5) "Litigation person" refers to the victim of a public prosecution case and his or her legally-designated ** person or close relatives, the private prosecutor of a private prosecution case and the person entrusted by his legally-prescribed ** family member to participate in the litigation on his behalf, and the parties to attached civil litigation and their legally-designated ** person who entrust to participate in the litigation on their behalf; (6) "Close relative" means husband, wife, father, mother, son, daughter, siblings.

1. Irreplaceable litigation participants are witnesses. Witnesses generally have the following characteristics:

1) The irreplaceable nature of witnesses. Witnesses are determined by the facts of the case itself, cannot be appointed or hired, and must be served by persons with experience in facts.

2) The witness is inadmissible. It is the duty of witnesses to testify in court, and witnesses may not refuse testimony for any reason, unless the conditions prescribed by law are met.

3) Restrictions on Eligibility. Anyone can be a witness, even if they have defective organs and are young.

2. A person who understands the facts of the case cannot participate in the litigation in several capacities, so in the selection of litigation roles, he should only participate in the litigation as a witness, and cannot participate in the litigation in other capacities. That is, they can only serve as witnesses, and cannot serve as judicial personnel or defenders, litigants, evaluators and translators, which is determined by the facts of the case itself and the characteristics of the witnesses themselves.

1. What conditions can be met to be a testimony certifier in a criminal case?

There are four qualitative conditions to be a witness in a lawsuit:

1. Know some or all of the case. Knowing the facts of the case refers to the person who directly perceives the case with his or her own sensory organs such as eyes, ears, nose and tongue, and the perception here is direct perception, not indirect perception of what he has heard, heard, etc.

2. Be able to express the will correctly. For example, a person who is physically or mentally defective or too young to express his or her will correctly cannot be a witness, and a witness is a person who makes relevant statements to the court about the circumstances of the case that he or she knows, so this requires the witness to have a certain ability to express himself or herself in a certain language, so as to truly and clearly express the perceived facts of the case.

3. Be able to correctly understand the consequences of the pre-law divine law of testifying.

4. Third parties other than litigants.

As long as these four articles are met at the same time, regardless of nationality, gender, and education level, they can become witnesses in criminal proceedings, but as judges, jurors, evaluators, bailiffs, translators, and lawyers in the trial of civil litigation cases, they cannot be designated as witnesses in the case at the same time, because that will cause role conflicts, which is not conducive to the realization of the principle of impartiality, and is not conducive to the maintenance of litigation procedures.

OK. China's current law does not clearly stipulate that the litigant cannot serve as a witness at the same time.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 58: Persons involved or legally-designated persons may retain one or two persons as litigators. The following persons may be appointed as litigants:

1) Lawyers and basic-level legal service workers;

2) The party's close relatives or persons who are slow to work;

3) Citizens recommended by the parties' communities, units, and relevant social groups.

Article 72:All units and individuals who know the circumstances of a case have the obligation to appear in court to testify. The responsible person of the relevant unit shall support the witnesses in testifying. According to this article, a witness is a person who knows the circumstances of the case and gives testimony.

In our country, except for those who are physically or mentally handicapped or who are too young to distinguish between right and wrong and to express their will correctly, all those who know the circumstances of the case have the obligation to testify. Neither the current Civil Procedure Law nor the Rules of Evidence expressly prohibit the person who is in charge of the litigation from providing witness testimony as a witness at the same time. Therefore, in the absence of a prohibition by law, the right of the litigant to issue witness testimony cannot be directly denied.