证人证言的泛书证化现象之检讨

Criticisms on the Indiscriminately-used Written Form of the Witness's Testimony

我国三大诉讼法均将证人证言与书证规定为各自独立的证据种类,二者之间也的确存在着明显的差异,但在诉讼实践中证人证言的泛书证化现象却相当严重。本文就这一现象的形成原因、存在的弊端及所应采取的对策措施进行了探讨和分析,以期对这一问题的解决有所裨益。

The witness's testimony and the documentary evidence are separately stipulated as the forms of evidence by three main procedural laws of PRC, and there are obvious differences between these two forms of evidence. In the practice of the procedure, however, it is very serious that the phenomenon that the witness's testimony is indiscriminately used as the written form. The article will discuss and analyze the reasons for the phenomenon, its malpractice and the measures for perfecting it, so as to help the solute of it.