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证人是就自己所知道的案件事实向法庭作出陈述的人。证人了解案件某一方面的真实情况,是法庭调查的关键。由于观念上和法律上的原因,在我国民事诉讼实践中,证人出庭作证率一直很低,从而导致民事诉讼中书面言词证言横行、直接言词原则落空、法庭质证的虚化。为改变这一现状,本文提出要明确必须出庭作证的证人范围,确立“正当理由”的范围;强调证人有出庭作证的义务,对无正当理由拒不出庭作证的证人予以制裁;确立证人的权利保障制度等改革措施,以期对我国证人出庭作证制度进行完善。
A witness is a person who makes a statement to the court about the facts of the case that he or she knows. Witnessing the truth about a certain aspect of the case is the key to the court investigation. Due to both conceptual and legal reasons, witness testifying rate in court has been very low in civil litigation practice in our country. As a result, the witness verbal testimony in civil litigation is rampant. In order to change this situation, this article proposes to define the scope of the witnesses who must testify in court, establish the scope of “justification”, emphasize the obligation of witnesses to testify in court, impose sanctions on witnesses who refuse to testify without justification, and establish witnesses Rights protection system and other reform measures, with a view to witness our witness system to improve.