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Abstract
The basic way of modernizing Chinese law is to transplant foreign laws. Introducing the Western legal system directly into China as an “imported product” and letting the Western legal system play a role in China’s legal system which is a process of localizing a foreign legal system into China. In this process, the collision of two different legal traditions between China and the West will inevitably lead to conflicts of many legal concepts and problems in the operation of the legal system. Among them, the introduction of the witness oath system is an example. This article takes the introduction of the witness oath system in the process of Chinese legal modernization as an entry point to deeply analyze the differences between Chinese and Western legal concepts in the process of legal system transplantation and even the entire legal modernization process. This concrete and realistic difference is ours. How should it be solved?
Highlights
Modernization of Chinese LawChina’s modernization is known as China’s early modernization or China’s modernization [1]
The basic way of modernizing Chinese law is to transplant foreign laws
The introduction of the witness oath system is a solution to the dilemma of witnesses in our legal system
Summary
China’s modernization is known as China’s early modernization or China’s modernization [1]. In the process of legal transplantation in China, modern society has continuously borrowed and absorbed foreign advanced litigation techniques and procedures, and introduced the litigation concept in the Western legal system, which has made China’s litigation system constantly improved. The evidence law in the Anglo-American legal system, which many countries have promoted and borrowed, has made great contributions to the protection of human rights and has gradually become a representative of science and rationality. Judges proactively prove the facts of the case and pay more attention to the role of witnesses This kind of trial mode does not have a strict and comprehensive system for evidence review, so the authenticity of these evidence is not easy to distinguish.
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