我国民事诉讼证人制度的建构

Construction of China's Civil Litigation System of Witness

在整个民事诉讼活动中,证据自始至终起着举足轻重的作用。法官只有借助于证据,才可以正确查明案件事实、确保案件公正、提高诉讼效率、节约司法资源。但在司法实践中,证人出庭率极为低下,严重制约了证人作证制度效果的发挥。其主要原因是我国对证人出庭作证的法律制度不够完善,因此,若要充分发挥证人证言在诉讼中应有的证据功能,完善我国民事诉讼证人制度势在必行。

During the civil proceedings, evidence plays a decisive role from the beginning to the end. Only by evidence can a judge identify the correct facts of the case to ensure a just case, improve the efficiency of the proceedings, and save the judicial resources. However, in judicial practice, the rate for witnesses to appear in court is extremely low, which was due to the imperfect system for witnesses to give the effective evidence. Therefore, the construction of China＇s civil litigation system of witness is of necessity to realize the function of evidence in the juridical proceedings.