Unit Witness In Civil Litigation

"unit witness in civil litigation"This thesis focuses on whether the unit has the qualifications of a witness in judicial practice and how to do. Qualified witness, but witness testimony on legal evidence of a basic theory. As theorists and practitioners of this knowledge there are differences, so it is necessary Discrimination and explore.Thesis is divided into four parts:The first part is mainly theoretical study pave the way for the units, defining the concept of unit witnesses, specifically what "unit" because the "unit" in production and life in our society arising from the unique title, not strictly legal sense concept emerged several times in the laws and regulations, sometimes with the formal using more formal "legal persons and other organizations," although referring to the same subject, but did not make uniform rules and interpretation. Due to historical tradition and the real economic system, and many other reasons, to some extent in our country are dependent on certain individuals in a collective unit, the other - forms of "units" - village committees and residents committees. Then elaborated on China and the scope of extraterritorial law countries, the relevant provisions of the witnesses, the range of witnesses were compared.The second most relevant units of the witness on the current eligibility with the discussion of the witness. The units listed several witnesses eligibility point of view: "the positive"," the negative"," the doctrine of neutrality, " and so on, and give you academic reasons. In the second part of a small part of the unit between the witness and the witness property of the rebellion, with the basic properties of witnesses to the unit of analyse of witnesses eligible.Part III and Part IV of the theoretical analysis of the previous paper based on the case in practice a lot of access, through the theory of system analysis, testified that the units of the way in practice can be characterized as units are units of documentary evidence and witness testimony (As distinct units to provide written testimony), the evidence of two different analysis, the author recommends its use of different principles, such evidence would be to maximize the effectiveness of the system.Finally is the author's conclusion that the formation of our country over the years building the unit as the center of the social structure, it is necessary competence of witness identification unit, but taking into account such a system innovation must be complemented by the relevant provisions of the law, and China Judicial interpretation of laws and regulations and did not witness the system unit provides a detailed sound, so I propose the Civil Procedure Law of China Article 70 of the appropriate changes and improvement, dealing with all kinds of units appeared in empirical evidence, limited the application of the system unit of witnesses in Case law carefully.