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证人保证书制度是《民事诉讼法》领域的新制度,它要求证人如实作证,并通过签署保证书以承诺和负责自己的诉讼行为。司法实践中,各地法院虽都在积极适用保证书制度,但总体效果差强人意。文章通过借鉴域外证人宣誓制度的先进经验,针对我国实践中证人保证书制度显现的弊端,提出通过完善证人保证书的格式和内容,制定当事人虚假陈述和证人作伪证的惩罚措施等具体改善措施,从而保障证人保证书制度充分发挥其作用。
The system of witness guarantee is a new system in the field of “civil procedural law”, which requires witnesses to testify truthfully and promises and takes charge of their own actions by signing a bond. Judicial practice, although the courts throughout the country are actively applying the guarantee system, but the overall effect is far from satisfactory. By drawing on the advanced experience of extraterritorial witness oath system and aiming at the malpractices of the system of witness pledge in our country, the article proposes that concrete measures for improvement should be given, such as improving the form and content of the witness’ pledge certificate, formulating punitive measures such as false statements by witnesses and witness perjury, Witness guarantee system to give full play to its role.