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在民事诉讼中,证人出庭作证固然是其对国家所尽之公法上的义务,但是证人也不能因为作证而蒙受经济上的损失。基于权利义务相一致原则,证人应享有就作证过程中所支出的合理费用受偿之权利。从性质上讲,证人作证费用请求权乃以法院为相对人之公法上的请求权,故证人应向法院而不是当事人请求给付作证费用。为方便法院计算当事人应负担之诉讼费用,证人应于履行作证义务完毕之日起一定期限内向法院请求给付作证费用。
In civil lawsuits, although witness’s appearance in court testifies to his state obligations on the public law, his witness can not afford to suffer economic losses as a result of his testimony. Based on the principle of consistency of rights and obligations, the witness shall enjoy the right to be reimbursed for the reasonable expenses incurred in the process of giving evidence. In essence, the witness’s claim for the cost of proof is based on the public law of the court as the counterpart, so the witness should ask the court, not the party, to pay the testimony. In order to facilitate the court to calculate the litigation costs borne by the parties, the witness shall request the court to pay the witness fees within a certain period of time from the fulfillment of the evidence-providing obligations.