Study On Unit Witness Should Be Repealed

The administration of justice is to apply different legal methods to different facts whenthey make use of the so-called syllogism. The precondition of it is the identification of facts,which is the key of justice. Therefore, it is necessary to reveal the truth, and this process isoften called fact-finding (different from the identified, the admission can also prove the fact.),which restrict the process is the rules of evidence. The idea of the evidence law is not only tofind out the truth for the purpose of discovering the truth as far as possible but also to achievethe purpose at the low cost. The content acquired through investigation is called evidentiarymaterial.According to the law,the types of evidence are divided into eight kinds,and one of itis testimony of a witness. Witnesses give testimony in the court,which face with trial judgesand parties and state the fact of the case,which is important to identified the truth.In the articleof "out of the Out of the misunderstanding of witness"Teachers He Jiahong and Long Zongzhithink that there are a series of in-depth discussion questions in the improvement andlegislation of evidence,which is "the hardest bone to crack"in juridical practice.The application of unit in civil proceeding makes it become a special kind of witnessand endow it qualification and ability to testify in court as the natural person.But there is ahuge controversy on whether the unit can be witness among the scholars of our country.In thisarticle, the author discusses current situation and analysis the question when unit witnesstestify in the court,then propose that unit witness should be repealed.The paper is dividedinto three parts:The first part introduce current situation.Firstly,it introduce the concept of unit witnessfrom the overview of the witness;Secondly,introduce how the unit witness testify from theway and content;Finally,introduce the puzzle when apply unit witness to practice.The second part analysis why there are so many scrapes in practice.Begin with thedifferent between home and abroad.From the respect of abroad,prove conflicts between Chinaand foreign legislation;From the respect of home,we first analysis the contradiction betweenunit witness and adopted and cross-examination rule,then tell the inconsistency of legislation.The third part discuss the abolition of unit witness,and then put forward how to treat theevidence unit witness give. In this section, the author firstly introduce controversy betweenscholars,then analysis the idea of abolishing it,and in this part the author puts forward manytheoretical perspectives to support his idea.At last of the article,the author gives the method to solve the evidence unit witness exist in abolishing the unit witness.