我国民事诉讼法以及民事诉讼理论一直以来以中立证人观规定、理解证人,也以证人与案件、当事人有无利害关系作为判断证人证词证明力的重要方法。其实证人都在一定程度上、一定方式上与案件或当事人有这样或那样的关系,中立的证人不仅是一种乌托邦的设想,同时与现代诉讼制度改革是异质的。为此,应在反思传统中立证人观的基础上,确立与之适应的证人评价法,这就是矛盾评价法。 China’s civil procedure law and civil litigation theory has always been the concept of neutral witness to understand the witness, but also the witness and the case, the parties have no interest as an important method to determine the testimony of witness testimony. In fact, the witnesses are to some extent, certain ways and cases or parties have one way or another, neutral witness is not only a utopian vision, but also with the modern litigation system is heterogeneous. For this reason, we should establish a witness evaluation method that adapts to it based on the reflection of the traditional concept of neutral witness. This is the method of conflict evaluation.