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| Restriction and Relaxation: The History of Competence of a Witness in China |
| 2008-5-21 |
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( Sichuan University, Cichuan Chengdu 610065, China)
Abstract: In ancient China, rare restriction was imposed on the eligibility of a witness except for the traditional principle that“relatives were not qualified for giving testimony. ”Not until the Tang Dynasty did people began to consider the competence of witness while observing the p rop riety of a witness. Influenced by foreign culture and ripened cognition, and in consideration of relevant policies, reliability, objectivity and fairness, provisions concerning the competence of a witness in modern times have changed a great deal. The focal point has turned from the propriety of a witness to the authenticity of testimony, from the principle that family members may be allowed not to disclose information against each other to the p rincip le that cohabitated members have the right not to turn informer against each other, then to the principle that some privileged personsmay not testify about confidential communications, and from moral obligations to legal obligations, and then to the combination of legal rights and moral obligations.
Key words: competence of witness; relativeswere not eligible for witness; rules of evolution |
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