My name is, gender, nationality, date of birth, ID number:, now living in Linzhou, town and village number, occupation, telephone number:.
I promise that I clearly know the legal consequences of lying and providing false certificates, and I am willing to bear legal responsibility for what I have written above.
Reference:
date month year
Model Article 2 Format of Witness's Proof Materials (Witness's Testimony)
My name is xxx (fingerprinting my name), and my gender is X. I was born on xx, xx, xx, and my home address is XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX I am an employee (with the same name as the business license) of xx workshop of xxxxxx company, and hereby certify that xxx was injured as follows:
When do I go to work? What kind of job? Have you signed a labor contract? Have you participated in work-related injury insurance? I and xxx (the injured) are workers in the same factory, workshop or team. Was I there then? What are the working hours, working place, injury time, injury place and injury reason of the injured employee? Who are all the people present? Who will take the injured to the hospital after the injury, and to which hospital?
Referee: xxx (with handprint)
Xxxx，xxxx，xx，xx
The steps of notarization of witness testimony are in line with the provisions of Article 2 of the Notarization Law: Notarization is an activity of a notary office to prove the authenticity and legality of civil legal acts, facts and documents with legal significance according to the application of natural persons, legal persons or other organizations and legal procedures. ? Notarization of witness testimony is actually a way to preserve witness testimony. The specific steps are as follows:
1. Select the accepting institution. Witness testimony is a civil act made by witnesses. Although the relevant laws and regulations on notarization do not explicitly list witness testimony as a type of notarization that is not subject to geographical jurisdiction, according to the legislative spirit of the relevant laws and regulations on notarization, witness testimony is similar to statement and should not be subject to geographical control. In principle, the parties are free to choose a notarization institution.
2. The applicant submits the application materials. The applicant shall provide the necessary information and proof to the notary office.
3, the notary office to review the information and decide whether to accept it. Examine whether the application is admissible, ask the witness the reasons for applying for notarization, and examine whether the witness has the corresponding capacity.
4. Be notarized and put on record. Notarize the testimony of the witness. Notarization takes the following three ways:
(1) Questionnaires for Notaries and Witnesses
(two) the form of the lawyer's investigation record
(3) The witness makes a statement.
These three methods have their own advantages. In the first way, notaries can quickly understand the case and find problems from the statements of the parties, but this way of asking questions is difficult to operate and easy to introduce leading questions to notaries. If this method is adopted, the witness should make most statements, and the way the notary asks the witness should be limited to asking about the matters and contents of the application for notarization, and telling him the consequences of making false statements. In the second way, the notary should explain that the notarization done by the notary office only retains the process of lawyer's inquiry. If the lawyer finds some leading questions raised by the lawyer to the witness during the inquiry, the notary shall stop them. If the lawyer refuses to accept it, the notary shall stop notarization. Taking the third way to handle notarization, the risk coefficient of the notary office should be the lowest, but it is difficult for the notary to grasp whether the statements of the parties have clearly stated the facts they know, whether the important matters related to the case are clearly stated and whether the statements of the parties are objective.
In the process of handling, notaries can analyze the following aspects when handling the notarization of witness testimony preservation:
(1) Whether the witness provides perjury for different motives. If the witness gives false testimony because he has an interest in the party concerned.
(2) Whether the witness provided inaccurate testimony for physiological and cognitive reasons. For example, whether the witness has an illusion about the perception of things due to age, health, physical defects, knowledge level and other reasons. , or memory errors, inaccurate statements, etc.
(3) Whether the witness's testimony can not accurately reflect the objective facts of the notarization case due to the change of specific environment or circumstances. For example, the authenticity and reliability of witness testimony are influenced by many factors. Because the formation of witness testimony goes through three stages: understanding, memory and narration, there may be factors affecting the accuracy of witness testimony in each stage, such as incomplete understanding, partial forgetting and omission of narration. In addition, if the witness has relatives or friends with the notarized party, or because of personal likes and dislikes, it may also affect the authenticity of the testimony.