Research On The Witness System In Tang Dynasty

The Tang Dynasty was the peak stage of the Chinese feudal dynasty,and its development of the evidence system reached an unprecedented height.The witness system is an indispensable part of the evidence system,and it plays an important role in judicial practice.In the history of the ancient Chinese wit ness system,the status of the witness system in the Tang Dynasty can be des cribed as the past and the future.Tang Law inherits the traditional idea of "Rel atives hide each other".In the "Tang Law Discussion",the regulations on the witness system are more detailed.It can be said that the witness system was basically formed in the Tang Dynasty,and the subsequent feudal dynasties wer e not used.The article aims to understand the specific content of the Tang Dy nasty witness system by comprehensively combing the relevant provisions of th e witness system in the "Tang Law Discussion" and combining relevant cases.Finally,through the consideration of the value orientation of the witness syste m in the Tang Dynasty and its influence on later generations,in order to impr ove the development of the contemporary Chinese witness system.The full text is divided into the following five parts:The introduction of the paper explains the basis and significance of the fu ll-text topic selection,expounds the current research status of the witness syste m in the Tang Dynasty,and summarizes the main research methods and innov ations.The first chapter is the historical origin of the witness system in the Tang Dynasty.Firstly,it explains the definition of witness and witness testimony in modern evidence science.Then it sorts out the historical development of the witness system before Tang Dynasty,from Xia,Shang,Zhou Dynasty to Wei a nd Jin Dynasties,and follows the dynasty vein to explore the development tra ck of witness testimony.The second chapter is the main content of the witness system in the Tang Dynasty.This chapter is the key chapter of this article.This chapter summarizes and summarizes the specific provisions on witnesses in "Tang Law Discuss ion",from the aspects of witness qualifications,"conviction according to public certification",perjury liability and witness rights and obligations,in order to understand more deeply and thoroughly.The specific content of the witness sy stem in the Tang Dynasty.The third chapter introduces the value orientation of the witness system in the Tang Dynasty.This chapter expounds the value orientation behind the wit ness system in the Tang Dynasty from the four levels of propagating "benevol ent government",maintaining hierarchical privileges,demonstrating ethics and morality,and ascertaining the facts of the case.The fourth chapter discusses the influence of the witness system of the Ta ng Dynasty on the later generation of the witness system in the Tang Dynasty.Secondly,through the modern thinking on the restrictions on the qualifications of witnesses in the Tang Dynasty,the value of the "confidence system" and t he concept of "relative refusal of relatives" were expounded.