我国民事诉讼中一直以中立证人观规定、理解证人,也以证人与案件、当事人有无利害关系作为判断证人证言证明力的重要方法。其实,证人都在一定程度上、一定方式上与案件或者当事人有这样或那样的关系,中立证人不仅是一种乌托邦的设想,同时与现代诉讼制度的改革互为异质。为此,应在克服传统中立证人观的基础上,确立与之适应的证人评价法,这就是矛盾评价法。 China’s civil litigation has always been based on the concept of a neutral witness to understand the witness, but also the witness and the case, the parties have no interest as a means of judging the testimony of witness an important method. In fact, witnesses are to some extent, a certain way with the case or the parties have this or that relationship, neutral witness is not only a utopian vision, at the same time and modern litigation system are mutually heterogeneous. To this end, we should establish the adaptive witness evaluation method on the basis of overcoming the traditional concept of the neutral witness, which is the contradictory evaluation method.