论民事证人拒不出庭作证的法律制裁

对民事证人拒不出庭作证予以法律制裁,是证人出庭作证制度的重要内容之一。由于我国《民事诉讼法》对此没有规定,最新司法解释亦未补充,司法实践中便无法操作,这成为我国证人出庭率偏低的重要原因。文章结合国外立法例,对目前学界提出的几种对拒不出庭证人的制裁措施逐一分析:排除证据使用,符合我国目前审判方式改革潮流及证人证言证据的特点;承担诉讼费用亦符合民事诉讼的本质;罚款是国内外普遍接受的方式;拘传与拘留在我国目前有其存在的必要性;刑罚制裁则不符合我国的实际情况,不宜采用。

On Legal Sanctions to Witness Refusing to Appear in Court in Civil Cases

Legal sanctions to witness who refuse to appear in court in civil cases is an important part of the witness system . Now it does not operate since the civil procedure failed to provide about it, nor the latest judicial interpretation of law. This is an important cause for the low rate of witness appearance in court. This article analyses the sanction measures put forward by the legal circles in comparison with relating foreign laws and makes the following point. Not adopting the testimony of the witness who refuse to appear in court, which are in conformity with the judicial reform and meeting the characteristics of witness, testimony and evidences, taking the cost of litigation by the party whose witness refusing to appear in court, which are in conformity with the essence of civil litigation; fine is generally acceptable form domestically and overseas, detaining and summoning the witness by force have their necessity in present China; while criminal punishment is not to be adopted since it goes against our country's situation.