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证人拒不出庭作证,给法院审判工作带来很多困难,使得某些必须查清的事实无法查清,不利于法院在分清是非的基础上对案件做出公正判决,降低了法院的威信,同时易使群众对法院的裁判产生怀疑,不利于通过庭审进行法制宣传和教育,阻碍我国法治建设的进行。因此,针对我国民事诉讼中证人出庭作证率偏低,严重阻碍民事审判方式改革的现状,试提出改革构想。
The refusal of a witness to testify in court has brought many difficulties to the trial of the court, making it impossible to find out some facts that must be ascertained, which is unfavorable to the court making a fair judgment on the case on the basis of a clear distinction between right and wrong and lowering the prestige of the court, meanwhile It is easy to make the people have doubts about the court’s adjudication. It is not conducive to carrying out legal publicity and education through the court trial and hindering the progress of the rule of law in our country. Therefore, in view of the low witness rate of witness appearing in court in China’s civil litigation, which seriously hinders the reform of the civil trial method, this paper attempts to propose a reform concept.