The Closest Rule: Options of the Special Testifying:Commentary on Art.73 of Civil Procedure Law 2013

The special testifying of non-appearance in court has evolved from simplification to diversification in the past 30 years in China,which requires judges to make a decision.Depending on scientific principle,special testifying can be classified into 3 types: one-way narration,two-way communication and multi-way communication,which to different degree are close to principle of direct testimony.When choosing from different options,an order should be followed in accordance with the actual condition of witness and requirement of facts finding to decide one specific way of testifying for non-appearance witness to obtain the closest testimony to direct testimony.