Civil Litigation Unit Of The Witness’s Proper Nature

Qualification problem is evidence of the testimony of a witness in a basic theoretical issues, whether the unit qualified as a witness disputed theory and practice in our country, I believe that there is a need for an in-depth study of this issue. Civil litigation unit of the witness’s proper nature of this thesis mainly probes into whether the unit has competency, based on this theme, to judge the unit system in our country, review of existing problems, and perjury in judicial practice in effective countermeasure to the phenomenon. Text is divided into four parts:Part I is an introduction to theories and explain the idea. First of all "units", "witness’s proper nature" concept, lists two kinds of theories about the witness’s proper nature:"positive" and "negative", and introduces grounds. Then the point of this article, units does not have the qualification of, and from the perspective of Sociology of law in the affirmative because of our "society" tradition, with the progressive transformation of society, witnesses will eventually quit the stage of history.The second part is the analysis of the reasons for the qualification of unit does not have a witness. From a legal analysis of the properties of the witnesses, believe that a witness has the essential characteristics of natural, units become the property of witnesses and witnesses contradict; from a comparative law perspective, of the two legal systems and compares the scope of witness in our country, China is the only one within the scope of witness States, incompatible with the world trends in legislation.Third part is from the opposite side to view our unit system. Unit testified there are a series of flaws in the practice:unable to cross-examine, perjury cannot be held accountable, can exacerbate unequal status of witnesses from the reverse side further concluded that the unit should not be witnesses. On this basis, the unit shall provide evidence of the type of resolution, material certificate issued by units belonging to the documentary evidence, send a representative to testify in classified testimony.Part in of the fourth part of unit for perjury cannot be held responsible for, and make relevant recommendations. First is the revision of the code of civil procedure section 72, abolition of units of competency; and construction from the angle of administrative obligation and civil obligation to provide false evidence of the sanctions system; and finally tightening sanctions on units to send representatives to appear in court with perjury, including sound way of coercive measure in civil action, the Penal Code section 305 Perjury was extended to civil proceedings.