浅议民事诉讼中证人出庭作证相关问题

On the Witness Testifying in the Court in civil Proceedings and related issues

证人出庭率低一直是困扰我国诉讼有效进行的瓶颈,本文介绍了证人出庭作证的现状,分析得出立法缺陷、司法实践、证人自身因素三方面的原因,并针对原因尝试提出解决方案,如保障证人及其家属的人身利益、经济利益,建立适当的强制出庭制度和拒不出庭的法律制裁措施。

The problem of few witnesses＇ presenting in the court is a serious problem prevents the development of litigation in our country. This paper introduces the present situation of the witnesses＇ testifying in the court, then finds out three aspects of factors in legislative shortcomings, justice practice and witnesses＇ own problems. Finally this paper also tries to give some solutions to these factors, such as protecting the witnesses and their families＇ personal interests and economic interests, establishing proper mandatory court system and law punishment for refusing to testify in court.