英美民事诉讼法中对证言可靠性的审查及其启示

根据英美法系,证言的可靠性包括证言的可信赖性与证言的可信任性,这样的分类对我国具有极大的借鉴意义,其以此分类为基础建立的唤醒记忆、品格证据提出、对陪审团的特殊指引等证言的可靠性审查制度也对我国具有一定的启示。我国目前对证言可靠性的审查存在一定的缺陷,尤其对证言的证据效果的认定上需要进行完善。借鉴英美法系对证言可靠性的审查制度,我国民事诉讼法应该明确证言可靠性对证据证明力的影响、引入品格证据、加强法官对证言可靠性的审查意识等方面予以改善。

The Testimony Review in Common Law System and Its Enlightenment to Chinese Civil Procedural Law

According to the common law system, the review of testimony includes the review of its reliability and its credibility, which is of great reference value for China. Based on the classification, the common law system develops a series of legal institutions to review testimony, including the memory refreshment, the character evidence, and the direction to the jury. Chinese legal system is problematic on testimony review, especially on identifying the evidential value of the testimony. Learning from the common law system, Chinese civil procedural law may be better at reviewing the testimony by clarifying the weight of the testimony, adducing the character evidence and strengthening the judges＇ recognition towards the importance of reviewing the testimony.