The Ancient Chinese System Of Witness And Its Modern Significance

The testimony of witness system in China have a long history.Since the earliest recordedin the Western Zhou Dynasty,it got continuous improvement with China’s ancient political,economic, ideological and cultural development of evolution.In several thousand years offeudal society from the Warring States period to the end of the Qing Dynasty, as the deeplyinfluence of the Confucian ethics thought,the testimony of witness system appeared uniquecharacteristics of mutual shield In the relatives. From the point of whole,there are manyshortcomings in this system,for example,the witness’ right is often violated、be forced toimprison and torture.But there are many merit among the trials.It is worth to draw lessonsfrom the legislative achievements to us,especially in the " Tang Law Notes" of the TangDynasty which have records about the right of witness. And the Song Dynasty furtherimproved the relevant provisions,with scurity measures to the witness.They are a witness’stestimony inspired and reference to development of modern society.The country is going through a period of rapid transformation,and the rule of law requiresa period of increasing. The provisions of the testimony of witnesses in China Civil ProcedureLaw are general terms,there are many imperfect place with Practical application.How toimprove the deficiencies in the testimony of witnesses has become a focus of attentionproblem.This paper is divided into four parts:The first chapter. The testimony of witness system is summarized,and there are theanalysis about the testimony of witness system in different dynasties.The second chapter. This paper presents the specific provisions in the regulations ofwitness’ right in "Tang Law Notes",which means the mature of the testimony of witnesssystem in ancient China. The Song Dynasty further improved the relevant provisions,whichmake their prominent contribution to the protection of witnesses’ rights.The third chapter.The writer overview the present testimony of witnesses system statusbriefly and analyze the reasons roughly.The fourth chapter.We should learn the lessons from abroad on the basis of the results ofthe witness.We also absorb the reasonable, appropriate ingredients of the ancient times topromote the development of the system of witness.