留學生Law Essay/Assignment：法律Law essay范文展示

Dear Jim,
I choose topic 1 to discuss after deliberation.
Should China implement a witness subpoena process similar to that used in the United States?  Discuss in detail the Pros and Cons of using a witness subpoena in China.

My position is : china should import the witness subpoena process used in the United States .
A witness subpoena, from my point of view, is a writ, a written order, issued by someone authorized by law, usually by the attorney for a party to a lawsuit, which commands a person to appear in court at a specific place and time. Without a subpoena, a witness is not legally required to appear before the court. If you are served with a subpoena, you cannot ignore it. If you do, you risk being held in contempt of court, even if the subpoena was not signed by a judge.
In fact, there is a witness subpoena process both in china and the United States, however, differences are dramatic.

In the criminal proceedings of china ,only the court have the right to subpoena the witness .the court bear the responsibility to find to truth of cases .in other words ,courts in china play a active role other than passive, which goes too far and cross the line of court .in theory ,we call it inquisitorial system. in contrast, subpoenas are issued mainly by the parties of lawsuits in the United States .the attorneys and the litigants of both party can subpoena a person who considered to be a witness if it is necessary .it is the right for the litigants to subpoena and it is the duty for anyone to receive the subpoena and attend the proceedings at fixed time and place. We call it adversary system.

I consider the latter pattern as the better one. There are several factors contributing to my choice.

First, it is the need to implement the principles of procedure law ,such as debate principle and the direct expression principle .if attorneys are granted with the right to subpoena a witness as they will, it is more  convenient for them to collect evidences and prove their points more easily and convincing ,which are very important to protect the interests of their clients .

Secondly, the questioning process under inquisitorial system implemented in our country at present is disadvantageous to mobilize the enthusiasm and promote incentives of the parties to find the truth of the case, which may lead to overloading work of the courts and a waste of judicial resources. A transfer of the right of subpoena is a good way to make the judicial system run more efficiently and more smoothly.

Third , the court should stand a neutral position other than subpoena you , subpoena me , subpoena this guy and subpoena that guy unless it is necessary .the court should distinguish what should be done and what is not .

For the reasons mentioned above, changes should take place in the witness subpoena process of China. subpoena should no longer be the exclusive right of courts .subpoenaing witnesses should be the main responsibility of the parties but not the court .the court do it just on particular occasion and should play a supplementary role in the process.#p#分頁標題#e#

Of course, there is no perfect mechanism in the world. The witness subpoena process used in the United States is also an improving system and have drawbacks as well. For purpose of finding the truth and making the world more equal and harmonious, it is reasonable and necessary for the court to share the responsibility to collect evidences and subpoena witnesses.

In sum, we should hold a rational and scientific attitude in the judicial reforms and absorb the beneficial ingredients of the witness subpoena process used in the United States .as the saying goes: To Eliminate the False and Keep the True.