On The Unit Certification System In Civil Action

In the process of civil litigation in China,due to the special national conditions and social conditions in China,it has become a very common phenomenon in the trial practice that some cases are illustrated by testifying materials issued by the unit in the name of the unit.To prove,that the boom,participants in the proceedings of civil litigation is often with a certificate issued by the unit as the evidence material submitted to the court,but at the same time,because in our current system of unit proof in civil law system is not yet complete,so the academic circles has been proved that system to the unit of the controversial,and because of a lack of clear legal provisions and judicial practice on its system is also appears more chaos.Even on February 4,2015,the supreme people's court on some issues of the civil procedure law of the People's Republic of China apply interpretation of article one hundred and fifteen of the unit of the proof of the unit in the form of the elements,such as censorship rules made some specific requirements,but in the judicial practice still face many difficult to solve the problem of theory and reality,such as unit proof of access procedures,unqualified units over the row,a unit of power abuse,prove the responsibility of perjury Shall be investigated for,etc.The author as a long-term engaged in the work of civil trial in the basic people's court shall,in handling cases of unit proof system in the process of applicable also often confused: due to the lack of clear legal norms to guide,my colleagues in the handling of the specific case of unit proof letter is very casual,no system only,or even the same units issued by the same exists to prove that material in different cases have been pick by faith and not to be two contradictory results.According to the analysis of the author,this situation occurs because the incomplete system theory of unit proof violates the normality and stability of law,and finally leads to the excessive power of judges' free judgment.This let the lawsuit participates in a person is suitable,also harm the judicial referee's stability and dignity,so,I hope to take this opportunity to unit proof in civil lawsuit system is a systematic research,on the one hand,to improve their business judgment ability,on the other hand can also be combined with the practical experience of their proper use of unit proof in civil procedure system and system consummation put forward some views and theories based on trial practice.This paper has a total of more than 27,000 words and is divided into four parts except the introduction and conclusion.Unit of the first part is to find national lawsuit proof system legislation origin and the basic legal theory,macro unit proof introduced legislation aimed at origin and the basic legal theory,this part introduces the legislation of our country system of unit proof of origin,unit witness qualifications,unit proof in the study on the classification of evidence and proof ability of evidence.The second part is the unit proof in our country,the current application situation of civil litigation activities,designed to contact the author's working practice,summary of unit proof in the current application situation of litigation activities,the key statistics about the ten years to undertake units of civil and commercial cases prove that the use of the situation and the analysis of the source of the unit proof,in addition,this part puts forward the unit proves that the generalized theory of narrow sense.In the third part,the author summarizes the problems existing in the civil litigation activities of the unit certification in China,mainly including the inconsistent conditions for issuing,the lack of clear rules for evidence acceptance,interference with judicial justice due to easy use,and the difficulty in investigating the perjury liability of the unit under the existing legal framework.The last part,in line with a question,the purpose of solving the problem,the author tries to from the system level to standardization,unit proof respectively as follows: narrowed the "unit",the concept,specification refinement trial applicable procedures,rules,unit to be obtained the witness' s testimony obligations and rights,build false testimony responsibility,etc.,this part focus on the second part of special units to prove the theory.