两大法系证人出庭作证制度的考察与比较

Comparison of the Two Major Legal Systems on the Witness Appearing in Court

由于奉行的法律制度和诉讼模式不同,两大法系在证人出庭制度上存在着较大的差异。本文就两大法系的代表国家英、美、法、德等国在证人出庭制度上的规定分别进行了考察和比较,总结出两大法系国家在证据法理和对证据规则的采用方式等方面存在的巨大差异及趋同。通过了解和借鉴国外科学完备的证人出庭作证制度的规定,进一步完善中国的证人出庭作证制度。

The two major legal systems observe different regime of law and litigation mode, thus there＇ s great difference between their institutions on witness appearing in court. Here is to review and compare the stipulations in its representative countries, such as the UK, the US, France, Germany; and then sum up the differences on evidence, doctrina, the adoption manner of the evidence and doctrina, and the inquiry way to the witness. Along with the development of the society and science, there is more in common in relation to the understanding of the basic concepts towards law and the realization of its value. By studying the institution abroad, which is more scientific and relatively perfect, we can improve our witness institutions and change the status of the witness objection or even default to appear in court. It can help realize the democratization and legality of our litigation, maintenance the justice and authority of law.