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Study On Witness Swearing System

Posted on:2009-04-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y J XuFull Text:PDF
GTID:2166360278469855Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Witness swearing an oath, that comes into being in time of the end primitive society and early slave society, is one kind of evidence inquiring into ways under the prophesy evidence system. Looking at from history development, swearing an oath has rapid and intense correlation with belief. Swearing an oath takes belief as the existence thought basis. Belief, the spirit of swearing an oath, produces a marked effect in legal system by swearing an oath to be the carrier. The basic purpose, with setting up the procedure of witness swearing an oath, lies in guarantee oral testimony authenticity. The procedure of witness swearing an oath, be one build in court-trial procedure, lays stress on the instrumental value of procedure, and embodies the justice value and economical value of procedure in part. This is exactly the modern value of witness swearing an oath existence.By examination, we find that active witness swearing system abroad has formed mature system and perfect operating mechanism. Modern witness swearing system anastomoses procedure and belief, reason and unreason. Our country needs to found witness swearing system, and satisfies building-up's requirments at present. Then, what kind of witness swearing system will we build? The author brings forward self concrete idea here, its content involves in the time swearing an oath , the procedure swearing an oath , people swearing an oath , the way swearing an oath and oath being designed ect.
Keywords/Search Tags:Witness swearing an oath, Belief, Oath, Refusing to give evidence
PDF Full Text Request
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