Can a witness testify and can a witness testimony be used as direct evidence

Is the case you are talking about an arbitration case? If it is an arbitration case, because there are no specific provisions on witnesses appearing in court in China's Arbitration Law and judicial interpretations, it depends on which arbitration commission you are arbitrating the case. If none of the above is true, because most of the arbitration cases are conducted in accordance with the Civil Procedure Law of the People's Republic of China, Article 69 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings stipulates that (1) the testimony of the minor is not commensurate with his or her age and intellectual condition; (2) Testimony given by witnesses who have an interest in one of the parties or its ** persons; (3) Audio-visual materials with doubtful points; (4) Copies or reproductions that cannot be checked with the originals or originals; (5) Witness testimony that did not appear in court to testify without a legitimate reason. Evidence in the above five circumstances cannot be used alone as the basis for determining the facts of a case.

According to what you said, if this person does not appear in court without a valid reason, his testimony cannot be directly submitted by the arbitral tribunal, and it needs to be supplemented and corrected in combination with other evidence in judicial practice. 

The testimony of a witness who refuses to appear in court to testify without a legitimate reason cannot be used as the basis for a verdict alone, and is circumstantial evidence! It should be combined with other evidence to support it!

Article 69 of the Several Provisions of the Supreme People's Court on Evidence in Civil Proceedings provides that the following evidence cannot be used alone as the basis for determining the facts of a case

1) Testimony made by minors that is not commensurate with their age and mental status;

(2) Testimony given by witnesses who have an interest in one of the parties or its ** persons;

(3) Audio-visual materials with doubtful points;

(4) Copies or reproductions that cannot be checked with the originals or originals;

(5) Witness testimony that did not appear in court to testify without a legitimate reason.

Yes, even though he's not in Company A, the testimony he gave can still be relied upon.

The evidentiary effect of witness testimony is very weak, it is circumstantial evidence, and cannot be used as the basis for a verdict alone, and where there is no other documentary or physical evidence, the witness testimony will basically not be accepted.

Witness testimony is not necessarily direct evidence and is as follows:

1. If the witness testimony can directly prove the main facts of the case, it is direct evidence, otherwise it is not;

2. The so-called direct evidence refers to the evidence that is directly related to the main facts of the case, that is, the evidence that can directly prove the main facts of the case. The so-called circumstantial evidence refers to evidence that has an indirect connection with the facts of the case to be proven, and cannot directly prove the facts of the case alone, so it needs to be combined with other evidence to prove the facts of the case. Circumstantial evidence is also known as "circumstantial evidence".

The so-called main facts of a case are facts that are of key significance to the determination of the dispute in the case or the resolution of the litigation dispute.

Legal basisArticle 66 of the Civil Procedure Law of the People's Republic of China.

Evidence includes: 1) statements by the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) witness testimony;

7) Appraisal opinions;

8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

Article 67.

It is the responsibility of the parties to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

The people's courts shall follow legally-prescribed procedures to comprehensively and objectively review and verify evidence.

Legal analysis: In judicial practice, witness testimony can be direct evidence, but not necessarily direct evidence, if the witness testimony can directly prove the main facts of the case, it is direct evidence, otherwise it is not. Direct evidence is direct and can directly prove the main facts of the case without relying on other Qi Lixian evidence.

Legal basis: Article 50 of the Criminal Procedure Law of the People's Republic of China provides that materials that can be used to prove the facts of a case are all evidence.

Evidence includes: 1) physical evidence;

2) documentary evidence; 3) witness testimony;

4) Victim statements;

5) Confessions and justifications of criminal suspects or defendants;

6) Appraisal opinions;

7) Records of inquests, inspections, identifications, investigative experiments, and so forth;

8) Audio-visual materials and electronic data.

Evidence must be verified to be true before it can be used as the basis for a verdict.

Article 56 of the Criminal Procedure Law of the People's Republic of China: Confessions of criminal suspects or defendants gathered by illegal methods such as extorting confessions by torture, as well as witness testimony and victim statements gathered by illegal methods such as violence or threats, shall be excluded. Where the collection of physical evidence is highly counterfeit or documentary evidence does not comply with legally-prescribed procedures, and might seriously impact judicial fairness, it shall be supplemented and corrected or a reasonable explanation shall be made; and where it cannot be supplemented or corrected or a reasonable explanation can be made, the evidence shall be excluded.

Where evidence that should be excluded is discovered during investigation, review for prosecution, or trial, it shall be excluded in accordance with law, and must not be the basis for prosecution opinions, prosecution decisions, or judgments.

Legal analysis: Witness testimony refers to the statement made by a witness to the judicial authority about the circumstances related to the case that he or she knows. A type of evidence.

It is generally expressed orally, and the questioning personnel are to make a record, and when necessary, witnesses may also be allowed to write their own testimony. It should generally be what the witness saw or heard in person, or it could be something that someone else saw and heard and relayed what he knew.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China (1) the statements of the parties;

2) documentary evidence; 3) physical evidence;

4) audio-visual materials;

e) electronic data;

6) Witness testimony in the pant hole;

7) Appraisal opinions;

Eight pure slip) inquest transcript. Evidence must be verified to be true before it can be used as a basis for determining facts.