Which of the following persons can be witnesses in civil litigation in China?

Answers]: a, b, d, e

2021 Textbook P314 2020 Textbook P312

The Civil Procedure Law repeals the abolition of the rule that 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 will correctly cannot testify.

The Several Opinions of the Supreme People's Court on Evidence in Litigation also stipulate that the testimony of a witness who has an interest in a party or its first party, as well as the testimony of a witness who has not come out of court to testify without a legitimate reason, cannot be used alone as the basis for determining the facts of a case.

Answer] :d According to the regulations, the following categories of people cannot be used as witnesses: (1) persons who cannot express their will correctly; (2) litigant; (3) adjudicators, jurors, and clerks; (4) Appraisers; (5) Procurators who participated in the litigation of the civil burial of Zheng Zao.

Therefore, choose D.

1. What are the witnesses in civil litigation? Article 72 of the Civil Procedure Law of the People's Republic of China stipulates: "All units and individuals who know the circumstances of the case have the obligation to appear in court to testify.

In other words, the "Civil Procedure Law of the People's Republic of China" stipulates and regulates the scope of witnesses, and individuals and units may testify in court as witnesses in civil proceedings. For example, a certificate issued by a civil affairs department on a person's marital status, or a certificate issued by the industrial and commercial department on the registration or cancellation of a company, or a certificate issued by a company on the identity of the legal representative, are all issued by the unit as the subject of testimony.

2. What are the qualifications of witnesses in civil litigation? 1. Any person who knows the circumstances of the case and has the ability to testify can be a witness. A person who "knows the circumstances of the case", can "distinguish between silver and forgiveness", and can "express it correctly" is an absolute condition for obtaining witness qualifications.

Whether or not to be a witness is not restricted by gender, age, ethnicity, origin, composition, education level, property status, ideological awareness, performance, social status, etc., as long as the requirements for witnesses are met, they can be used as witnesses. If several people know the same facts of a case at the same time, then they can all act as witnesses and cannot substitute for each other. 2. Persons who are deficient in life or mental or who are young and unable to distinguish between right and wrong and cannot express themselves correctly, and who are incapable of civil conduct or have limited capacity for civil conduct whose age, intellectual status, or mental health status is not commensurate with the matter to be proven, cannot be used as witnesses.

This is because these people, due to their sensory organs or mental disabilities, or because of their age, cannot distinguish right from wrong objective things, cannot correctly reflect, and cannot correctly express their thoughts, so they cannot provide testimony that is meaningful to ascertain the facts of the case, and cannot serve as witnesses. 3. Witnesses can only be persons other than the parties who know the circumstances of the case. The parties to the case cannot be witnesses because they have a direct interest in the case.

Although persons who have relatives or other close relations with the parties may testify in court as witnesses, due to the particularity of the above-mentioned relationships, generally speaking, the testimony of these people as witnesses is less probative than the testimony of other witnesses. To sum up, the court hears civil cases, like criminal cases, and concludes them on the basis of evidence. Witness testimony is another type of statutory evidence, and witnesses in civil litigation can be individuals or units.

In labor dispute cases, there are many cases in which the unit acts as a witness to issue various certificates. Witnesses cannot be parties to civil proceedings, but need to know the circumstances of the case.

1. Units and individuals who know the circumstances of the case have the obligation to appear in court to testify2. The responsible person of the relevant unit shall support the witnesses in testifying3. Those who cannot correctly express their intentions cannot testify4. Witnesses shall appear in court to testify upon notice from the people's court. In any of the specific circumstances, with the permission of the people's court, testimony may be given through methods such as testimony at the beginning of the book, audio-visual transmission technology, or audio-visual materials.

Civil Procedure Law of the People's Republic of China

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 witness in burying evidence. A person who cannot express his meaning correctly cannot testify.

Article 73:Upon notice from the 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) Those who are 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.