Unit's Appliaction Attestation In Civil Proceedings

With unit witness system in civil proceedings as the object of study, this article analyzes and expounds the concept of"unit"and unit attestation, characteristics of unit attestation, evolution of unit attestation, competency of unit witness and category of evidence by using the method of comparative research in combination of the present situations of the civil trial practice in our country with a view to strengthen the civil proceeding witness system of our country through such analysis and elaboration so as to benefit the promotion of smooth development of reform of trial mode.This article is divided into five parts.Part 1, introduction to unit attestation.It mainly discusses the problems as definition of"unit"and concept and characteristics of unit attestation. As to the definition of"unit", the article searches the connotation of"unit"from three aspects, i.e. explanation in some books, other related definitions on"unit"under law and the formation process of the designation of"unit", and gives detailed elaboration.With respect to the meaning of unit attestation and unit witness'testimony, the writer summarizes from two aspects including written certification as witness'testimony presented in the form of written testimony and written materials formed prior to the proceedings; and documentary evidence presented by the parties concerned for attesting their statements on the case. When analyzing the characteristics of unit witness'testimony, the writer makes summarization and analysis from three aspects through the comparison of representation mode of unit attestation in practice with that of other evidences. Besides, the circumstances of practice of unit attestation in civil proceedings in our country are analyzed based on the development stages of civil procedure law, i.e., before promulgation, upon implementation and after implementation.Part 2, disputes of competency of unit witnessThe competency of unit witness is analyzed from three different standpoints and viewpoints in the theoretical circle and practice circle. Most scholars deny the competency of unit witness. In their views, unit attestation belongs to documentary evidence instead of testimony of witness. The writer, after analyzing the three different viewpoints, presents his own viewpoint, which is: the admission of competency of unit attestation under the civil procedure law agrees with the actual demand in social practice and is a major feature of evidence system in our country. Including units in the category of witness is beneficial for the people's court to expand the evidence sources, beneficial to solution of present situation of difficulty in adducing and giving evidences and also beneficial for the people's court to promptly investigate the case facts and solve disputes. Part 3, the existing problems of unit attestation in civil proceedings.Comparative analysis is given from two aspects, namely unit's documentary evidence and unit's testimony in the civil proceedings. It is found that unit's documentary evidence is applicable to some units in civil proceeding, and problems arising threrefrom are less than unit's testimony. Further analysis is given on the reason of the existence of such situations.Part 4, category definition of unit attestation in civil proceedings.Analysis of the evidence category of unit attestation leads to two different opinions: documentary evidence and witness testimony. The category features are analyzed.Party 5, some strategies and suggestions for perfection of application of unit attestation in civil proceedings.An analysis is given to the misunderstandings on exclusion (prohibition) of unit attestation and detailed countermeasures and suggestions for perfecting the rules on exclusion (prohibition) of unit attestation are put forward. In the end, the writer analyzes the principles for collection of unit testimony and proposes to strengthen the application of unit attestation in civil proceedings in accordance with the true presentation principle and experience principle.