On the Construction of a Testimony System for Vulnerable WitnessesComments on Article 76 of the Civil Procedure Law

The quality of testimony of vulnerable witnesses is weakened by disadvantages. Providing vulnerable witnesses with special ways of testifying can test the true ability to testify and improve the quality of testimony. Article 76 of the Civil Procedure Law is not a system for vulnerable witnesses to testify; the absence of such a system undermines judicial fairness and disregards the principle of equality in civil proceedings. China should construct a vulnerable witness testimony system based on the adjusted framework of the witness testimony system. Specifically, the criteria for defining different types of vulnerable witnesses should be clarified, and vulnerable witnesses should be permitted to testify in court via special measures, such as behind a screen, with a support person present, or by live video link, in order to address the difficulty of “testifying”. The establishment of this system not only helps the realization of the principle of appearance in court, but also improves the mechanism of guaranteeing equality before the law, which embodies the spirit of the socialist rule of law.