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近日,我处在办理一起法定继承公证中发现,遗产继承人之一A只有9岁,对此继承人是否需要作为证人询问并记录在案,大家观点不一。有人认为此继承人只有9岁,是无民事行为能力人,没有作证人的资格,亦不需要做笔录;有人认为我国法律并未有明文规定无民事行为力人不能作为证人,应当进行询问,并记录在案。那么年幼的人能否作证?这个问题涉及到证人资格,对于我国证人制度之完善有着积极的意义,也对更好的发挥公证预防纠纷的法律作用有着深远的影响。
Recently, when I was in the process of notarization with a legal succession, I found that one of the heirs of the inheritance, A, was only 9 years old. All of you disagreed about whether heirs need to be questioned and recorded as witnesses. Some people think that this heir is only 9 years old, is a man without civil capacity, without the qualifications of a witness, and does not need to do transcripts; some people think that our law does not expressly provide that civilians without civil action can not be witnesses, should be questioned and record on file. So young people can testify? This issue relates to witness qualifications for the improvement of China’s witness system has a positive meaning, but also to better play a notary legal protection dispute has a profound impact on the legal role.