单位证明的误区——论刑事诉讼中的单位作证中如何避免滥用证人权利

Misunderstanding of the‘Proof by a Legal Entity'——How to Avoid Abusing the Rights of Witnesses of the‘Proof by a Legal Entity'in Criminal Proceedings

单位作证是司法实践中的一种普遍现象,其中尤以单位证明的使用最为广泛和富有争议。本文阐述单位证明作为诉讼证据使用的现状,并对单位证明作合法性分析,解读因单位证明的使用导致单位滥用证人权利现象的产生及成因,提出如何规范和引导单位作证行为,限制和约束单位滥用证人权利,以解决单位作证中遇到的理论和实际问题。

Testimony of a legal entity is a common phenomenon in judicial practice, among which the proof by a legal entity is used more often and also very controversially. This article describes the ‘proof by a legal entity＇ as‘litigation evidence＇ to prove the existing status quo of the‘proof by a legal entity＇ used as litigation evidence and analyzes its legitimacy, aiming at interpreting the phenomenon and its causes of the abuse of the rights of witnesses resulting from the use of the‘proof by a legal entity＇. The article put forward a proposal , in order to solve the theoretical and practical problems encountered in the‘proof by a legal entity＇, as to how to regulate and instruct on the testifying by a legal entity and how to restrict and restrain the abuse of the right of witnesses by a legal entity.