On the Differences between Chinese and Western Legal Ideas in the Process of Chinese Legal Modernization —Taking the Witness Affidavit as an Example

摘要

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?