法社会学
Online ISSN : 2424-1423
Print ISSN : 0437-6161
ISSN-L : 0437-6161
民事訴訟における証人尋問の暴力性
菅原 郁夫
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ジャーナル フリー

2001 年 2001 巻 54 号 p. 171-183,262

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In the trial process, either in criminal or civil, the witness is sometimes hearted by the examination. In the adversarial proceeding, the witness inevitably has tendency to support his/her own side. In the pretrial stage, his/her role is to support the party that had called him/her. However, after the trail process has started, his/her role will dramatically change to tell the truth objectively. This sift of the role will cause great stress on the witness and sometimes hears his personality. Regal formality also causes a great stress on the witness. In the courtroom, the witness cannot speak freely under the strict examination rules. If the witness speaks the facts according to his/her own initiative, he/she will be stopped speaking and sometimes given a warning even from the lawyer of their own side. These stresses are caused not by witness's characters but by the structure of the trial process. In the trial process, the dignity of witness is under the control of the parties. Traditional regal theories had been protecting parties' procedural rights and neglected the witness's dignity. It is not always reasonable to give a priority to parties' rights. The balance between party's procedural right and the witness's dignity should be pursued.

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