中国民事证人制度的重构——以现行民事证人制度完善为视角

On Amelioration of the System of Civil Witness in China

证人证言是民事诉讼中广泛使用的一种证据,证人出庭作证是实现程序公正的保障。本文分析了现行民事证人制度上的缺陷,从证人主体制度、出庭制度、宣誓程序制度、权益保障制度四个方面对我国民事证人制度进行重构。

Testimony is a kind of evidence used extensively in civil action. Witness presence in court can ensure that precedure is justly realized. This paper discusses the defects in our present witness system in civil action. As for amelioration of the system of civil witness, the author gives her own opinions: who has the quality to be present in court, their presence policy in court; their oath procedure; their guarantee of rights and interests, the punishment of their false evidence.