The Textual Research On The Witness’s Oath System

The oath system appears in our social life is related to the lowlevel of cognitive competence of primitive human,and the original oathis widely used in human everyday life.But with the improvement ofproductivity,oath mostly applied in activities to which religion closelyrelated,becomes a religious ceremony.It’s draw in judicial process isthe result of the closely relationship of religion and law.That ancientcodes spreading up to now all have recorded the oath system.The oathsystem had appeared in China,but the developed torture system nips theoath system in the bud.Human disputes increase day by day while thedevelopment of society,then the judges find out the case fact moredifficult.Then the law have parties to pledge to let them feel the holyand solemn atmosphere of court as well as church.They honestly statebecause of the fear of punishment.To establish the witness’s oathsystem is sworn in original intention.That is a long development historyform the oath system to the witness’s oath system,its form changesgreatly.In the begin,oath is the verbal evidence;Now,it just s guaranteeof the authenticity of testimonies made by witnesses,and its entityvalue have to give priority to the process value.Its relation withreligion has separated,and its special significance emerges.In order toimprove the efficiency of lawsuit,the complex rituals become simple.Incrosswise,tow legal system both have witness oath system,but there aremany differences between them.Oath in the common legal system refers tothe parties’ oath,and the jury members perform witnesses and judges.Oathin the common legal system which closely related to religion, regardsoath the privilege of Christian,and boycotts the pagan and atheists to testify.The decline of the jury system greatly effects the oathsystem.Oath exempt system finally established,then,some special groupsare exempted from giving evidences,This system undoubtedly expanded thewitness’s many possible ranges,don’t just regard Christian as the labelof witness.Because of the developed torture system in common legalsystem,the witness oath system is ignored.But oath suggests anddeterrents the witness from his heart which different from the torturesystem,let the thought of perjury disappears in the source,itundoubtedly ensure the reliability of the testimony more effectively.The witness oath system has a long-term development is no accident.There is significant performance of the dialectical relationship of lawand morality as superficial ceremony has a great influence on thedeponent’s heart.Our country don’t has the witness oath system,but hasthe similar ones--the witness’s guarantee in the mainland and thewitness’s recognizances.The former’s legislation is rough and hasn’tmeneuverability,then,it don’t have substantial effect to the high rateof perjury in the practice;The latter is completely imitate Germanywitness oath system,and its legislation is meticulous,has strongoperation ability,so it has actual significance.When the witness oathsystem develops into mature condition,it has unique form andsubstance.Withal,every country has different style in thelegislation,these legislation about the time of oath and the setting ofpledge verbal is also different.The complex development history of thewitness oath system experiences about one thousands.It exists differentforms in tow legal systems,so it is a very mature system up to now.Ithas very vital significance to the development of our country’s law ofevidence.