Abstract:

In China, the witness in civil procedure is commonly formulated and understood from the view of neutral witness. The weight of the testimony is judged by the witness’s personal stake in the case or the parties. In fact, the witness has the connection with the cases or the parties to some degree, so the neutral witness not only is a Utopian idea, but also contradicts the reform of the modern procedure law. So we should substitute the neutral witness theory by the new idea, and adopt the new way to evaluate the witness.

Key words: evaluation of witness, neutral witness, contradiction evaluation