证人证言适格问题研究

出庭证人转述他人感知事实的陈述,新的证据规则排除其证据资格值得商榷;准许证人提交书面证言的情形并不是书面证言适格的要件,而是免除证人出庭义务的条件,不具备法定不出庭条件而提交的书面证言应当接受为证据;书面证言不是适格的证人证言,但却是适格的书证;出具书面证言并不免除其出庭义务。

A Research on Witness Testimony's Competence in China

The paper concludes that the statements of others' sense of fact retold by witness in court, shall not be excluded as the new evidence rules stipulates, permitting witnesses' producing written testimony does not mean written testimony is competent, but means that the witness is to be exonerated from the obligation of appearing in court. Written testimony, produced without legal condition of disappearing in court, shall be accepted as evidence; Written testimony is not competent witnesses' testimony but it still is competent documentary evidence. Producing written testimony does not mean the discharge of the related witness' appearing obligation.