Research Unit Witness Institution Of Civil Procedure

Unit witness system is a specific evidence system in Chinese civil juridicalpractice. The witness qualification of unit is granted according to section72ofChinese civil procedure law. Thus this article intensively study on unit witness systemvia concluding, summarizing and sociological analysis, on the basis of existingdocument literatures.This article mainly discuss the origin foundation and evolutionary process ofChinese unit witness system, combining the development of units with thedevelopment of China society, and illustrating existing social background of unitwitness system. Then the unit, as a specific legal subject, should get the witnessqualification is discussed, specifically from three different standpoints on rationalityof unit witness qualitification in practice and theory. Nevertheless most of scholarsresist the qualification of unit; the author insists the opposites, on the basis ofanalyzing subjective perception of witness, witness method of unit, evidential value ofunit witness, and the irreplaceable of witnesses. At the same time, this article alsoillustrates perfecting methods to reduce impacts those problems bring. Basing onanalyzed problems in part two, make suggestions target to improve the currentsituation of Chinese unit witness system. For instance, defining unit range and the unitrepresentative appointed, setting rules in privileges and immunities of unit-supplyevidences, building settlement mechanism on unit perjury.Lastly, this article points out specifically that, in a long term, system of units, thesocial foundation unit witness system exists, will ultimately be abolished, whichcorrespondingly makes unit witness system meaningless. However, it will take a verylong time, and it’s extremely urgent to improve the current unit witness system.