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我国现有法律规定,只要知道案件情况的当事人以外的单位或者个人,都可以作为证人出庭作证。但审判实践中,证人出庭作证率低,即使出庭作证也未必如实陈述,影响了法官办案质量,无法实现案件的公平公正。本文旨在发掘我国民事诉讼实践中证人出庭存在的问题,阐述证人出庭的重要性,分析其内在原因,并提出相应完善的建议。
The existing laws and regulations of our country can serve as witnesses to testify in court as long as units or individuals other than the parties who know the circumstances of the case are known. However, in the trial practice, the witness’s low rate of testifying in court can not be truthfully stated even in court testimony, affecting the quality of the case handling and failing to realize the fairness and justice of the case. The purpose of this paper is to find out the existence of witnesses appearing in court in the practice of civil litigation in our country, to explain the importance of witnesses appearing in court, to analyze its internal causes and to put forward correspondingly perfect suggestions.