诉讼证人制度是我国诉讼活动中的基本制度之一。在刑事诉讼法、民事诉讼法(试行)中对诉讼中证人的资格、权利、义务都作了规定,从立法上初步确立了我国诉讼证人制度。但是,近几年来在司法实践中,法律规定的诉讼证人制度很难贯彻执行,直接影响人民法院依法办案和国家法律的正确实施。 (-)证人不愿出庭作证。我国刑、民事诉讼法规定,凡是知道案件情况,具备证人资格的人,都应 Litigation witness system is one of the basic systems in litigation in our country. In the criminal procedural law and civil procedural law (trial), the qualification, rights and obligations of witnesses in litigation are all stipulated, and the legislation on litigation witness system in our country has been preliminarily established. However, in judicial practice in recent years, the system of litigation witnesses prescribed by law is difficult to implement and directly affects the correct implementation of the case handling by the people’s court and the state laws. (-) Witnesses refuse to testify in court. In our country, the Civil Procedure Law stipulates that anyone who knows the circumstances of the case and is qualified as a witness should