论文部分内容阅读
随着我国民事审判制度改革的不断深入,强化庭审功能是一项重要内容,这就必然要求所有证据包括证人证言都应当在开庭时出示并经双方当事人质证。证人证言在一些案件中显得尤为重要,证人不出庭作证导致当事人无法质证,法官在庭上不能接触证人,最终影响司法公正。为改变证人不出庭作证的现状,有必要借鉴吸收其他国家和地区的立法经验,结合我国国情,作出相应的法律规定。
With the continuous deepening of the civil trial system reform in our country, strengthening the trial function is an important issue, which inevitably requires that all evidences, including testimony of witnesses, should be presented at trial and cross-examined by both parties. Witness testimony is particularly important in some cases. When the witness does not appear in court to testify that the parties can not testify, the judge can not contact witnesses in the court and ultimately affect the fairness of the judiciary. In order to change the current situation that witnesses do not appear in court, it is necessary to learn from the legislative experiences in other countries and regions and make corresponding legal provisions in light of China’s national conditions.