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我国民事案件审理中,由于证人出庭作证难的原因,证人证言制度一直无法发挥其应有的作用。普通人身损害赔偿案件中证人证言出现的最多,依此类案件性质,依靠证人证言去还原已经发生的客观事实是查明案件事实的最佳途径,实务中,法官一般也是这样做的。但因法律对证人作证制度规定欠缺、熟人社会人情关系干扰等因素,证人证言的可信度和难度又大大降低,法官如何判断证人证言的证明力和尽力再现客观事实是困扰司法界的难题。本文试从人身损害赔偿案件中证人作证难的问题入手,来对侵权损害赔偿疑难问题加以研究,以期能为完善证人证言制度增砖添瓦。
In the trial of civil cases in our country, witness testimony system has been unable to play its due role because of the reasons why witnesses appear in court to testify hard. In the ordinary case of personal injury compensation, witness testimony appears the most. Depending on the nature of such cases, relying on the testimony of witnesses to restore the objective fact that has occurred is the best way to find out the facts of the case. In practice, judges generally do the same. However, due to the lack of legal system of witness testimony, interference of acquaintances with human relations and other factors, the credibility and difficulty of witness testimony are greatly reduced. Judges judge the testimony power of witness testimony and make every effort to reproduce the objective fact is the puzzle of the judiciary. This article tries to start with the difficult testimony of witnesses in the case of personal injury compensation to study the difficult problems of compensation for damages, with a view to enhancing the witness testimony system.