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Comparative Research On Oath System Of Witness

Posted on:2006-09-27Degree:MasterType:Thesis
Country:ChinaCandidate:S T CengFull Text:PDF
GTID:2166360155463518Subject:Procedural Law
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Witness's testimony is an important evidence system and the oath system of witness is an important measure to assure the authenticity of testimonies made by witnesses. Oath system used in legal procedure can date back long ago. We can find the traces of the system in such practices ranging from witness taking an oath in ancient China to the witness swearing to God while pressing his hand on the Holy Bible in modern western courts, from the system of oath helper in western history to the witness warranty system in modern China. In a long run, the old oath system has yet been playing an important role in western lawsuit activities of today. However, many problems still exit in the witness testimony system in China, which need to be handled urgently. As a result, comparative research on oath systems in china and in foreign countries represents significant meanings to perfecting our lawsuit system especially the evidence system.This article, through the comparative methods, attempts to comb and summarize the history of oath system in China and foreign countries, analyze some unique cultural and legal value of the modern western oath system and its structure and typical regulations, in an order to make some theoretical preparation for setting-up a suitable oath system of witness in line with the specific situations of China. This article will also analyze the necessity and feasibility of transplanting oath system of witness into our country, and will briefly introduce and evaluate similar work that has been practiced by some district courts. And finally we will conclude by giving some conductive suggestions on setting up witness oath system in China. This article will give discussions in five aspects that are:The first part is a general description of the oath system. In accordance with the materials collected so far in the course of research, I will give a briefing on the status quo of the research on this topics, propose major questions in present research, and explain focal points, innovation points and methods adopted in my research.The second part is a comparative analysis of history of oath system. Historical development of oath system will be introduced. In this part, I will introduce respectively the development of the oath system in times of primitive society, slave society, feudal society and capitalist society. Through initial analysis, I think politics' repellant attitude towards religion and the separation of law from religion are the main reasons why the oath system disappeared in ancient Chinese lawsuit system.The third part is the value analysis of oath system. The oath system has represented a harmonious relationship between law and religion and therefore has a unique transitional function in the ceremony and became a part of the judicial drama. The relation of the oath to the witness testimony appeared either intimate or dissociate in different time periods. The existence and development of oath system has switched its base on religious belief to the moral integrity of the oath taker. And the real intention of modern oath system is its benign cycle with morality.The forth part details in the content of modern western oath system of witness, which includes: ? legislative form of oath, (2) acceptance and exemption of obligation of oath, ?oath period, ?procedures and ways to take an oath, ?the validity. In the end, the article will introduce the recognizance system in Taiwan region.The last part talks about the oath system of witness in China. The article analyses the nature and problems of witness warranty in our country and gives a general picture of how the witness oath system has been provisionally practiced in some district courts. Based on specific situation of China and judicial practice, I will give some conductive suggestions on setting-up our own oath system of witness.
Keywords/Search Tags:witness testimony, oath, religion, ceremony, morality, witness warranty
PDF Full Text Request
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