Research On The Swearing System

The system of swearing an oath in the court, which to some extent binds actions of the subjects swearing the oath, so as to guarantee the consequential justice of litigation, is widely adopted by foreign countries. However, it arouses considerable different opinions in the academic field of our country to introduce this system inward. This essay, from three aspects, tends to discuss the reasons why oath could lead to good effects: from the angle of history, the features of the modern swearing system are emphatically analyzed through its comparison with the ancient one; from the perspective of anthropology, this essay demonstrates that swearing an oath is a kind of rite, which strongly affects the swearing subjects, and presents the close relations between oath and belief; from the aspect of psychology, the article particularly expounds on the psychological influence of the oath to the witness when he or she deposes in the court. Based on the above discussion, it proves that our country is in need of the system of swearing an oath in the court, and we could definitely establish this system according to the situations of our country as well. The last part proceeds to present some suggestions concerned with its establishment.