论民事诉讼证人的权利

On the right of witness in civil proceeding

证人出庭作证难是一个长期困扰我国民事诉讼的问题,从立法上看,我国的民事诉讼法只规定了证人有出庭作证的义务,对出庭证人的权利规定得不够具体,这种权利和义务的不一致,在一定程度上影响了证人出庭作证的积极性。法律应保障证人的正当权益,赋予证人拒绝证言权,对证人因出庭作证而遭受的经济损失应给予物质补偿,对证人的人身安全给予保护,使我国的民事证人出庭作证制度更加完善。

The present civil procedural on witness system only stipulates witness＇duty to testify but fails to slipulale lhe witness＇ rights to testify and their responsibilily tor no testimony at court. Thus, serious imbalances are caused among right, duty and responsibilily of witness. To perfect oar system of witness＇appearance,the legislation shall safeguard lhe witness＇legal rights and interests by means of compensating the witness for lhe econonfic losses suffered from his appearance before a court and allow the witness a reasonable refusal of testifying.