证人保护制度刍议——对《最高人民法院关于民事诉讼证据的若干规定》之再思考

On Protection of Witness: Re-Thoughts on Some Regulations of Civil Procedural Evidence By the Highest Court

证人出庭作证关系列实体与程序正义的实现 ,也关系列我国民事审判方式的改革 ,意义重大 ,但目前我国的证人出庭作证现状却不容乐观。造成这种现状的原因之一是缺乏完善的证人保护制度。因此 ,制定完善的证人保护措施、提高证人出庭作证率的工作已迫在眉睫。要提高证人出庭作证率就必须为证人的人身、财产提供有力的安全保障 ,同时从经济上予以适当的补偿。

The testimony of witness on court has a bearing on the realization of substantial and procedural justice, as well as the reform of the civil trial in our country. However, the concerned present situation allows of no optimism, which results from the non-perfect protection of witness. As a result, it is badly urgent to work out the measures of protection of witness and to increase the rate of testimony of witness on court. In order to guarantee the rate increase, the security of the witness's life and properties must be provided, as well as proper compensation.