近日,由于基干民兵张永刚的出庭作证,山东省莒县陵阳镇法庭因缺少证人几近搁浅的一桩案件顺利审结。一年前,张永刚的哥哥因宅基地纠纷与人打架,双方上了法庭。然而法庭在审理时,由于缺少证人而双方又不愿调解,使庭审陷于无法终结困境。作为双方打架时唯一的目击者张永刚,因是一方当事人的亲属,在有否资格出庭和该不该出庭作证问题 Recently, due to the testimony of Zhang Yonggang, a key militia, in court, the court in Lingyang Town, Lixian County, Shandong Province, successfully concluded the trial because of a case in which the witness was almost stranded. A year ago, Zhang Yonggang’s brother fights with people for homestead disputes and both sides went to court. However, when the court is in trial, both sides are unwilling to mediate due to the lack of witnesses, so that the trial can not be brought to an end. As the only witness to the fighting, Zhang Yonggang was a relative of one of the parties, whether he was eligible to appear in court and should not testify in court