论我国民事诉讼证人出庭作证制度.pdfVIP

Abstract Witness testimony is evidence of our civil legal a type of civil legal relations of witnesses is one of the main witnesses is a necessary part of civil procedure. Witnesses in civil proceedings to implement the system on the identification of facts of the case, Magistrate Judge correctly, improve the efficiency and quality of litigation crucial role, related to procedural justice and substantive justice goals. However, the reluctance of witnesses to testify, particularly unwilling to testify in court and so is long-standing problems of Civil Procedure, this situation makes the already very limited resources compounded the evidence, so the system actively improve the attendance of witnesses, is to identify facts of the case needs, but also our way of deepening the reform of the civil trial of urgent need. Civil Trial Reform of the core is to uphold the principle of open trial, the parties reinforce the burden of proof, attention to the trial function, namely, a public burden of proof in court, cross-examination, certification, debates, so that the judges judicial activities mainly in the trial, the purpose of is that the interests of justice, efficiency of the proceedings. From the evidence of the system point of view, the key is to strengthen the function of the trial witnesses. Only in the case of witnesses, judges can face to face by both parties to review the debate and mutual cross-examination to judge the authenticity of the testimony to facts of the case. The legislation and judicial practice the lack of scientific rationalization Witness system requirements, it is caused by civil action in three-pronged phenomenon (three-pr