GENESIS OF THE THEORY OF EVIDENCE AND THE EVIDENTIARY PROCESS IN THE JUDICIAL PROCESS IN THE ANCIENT EAST (EXAMPLE OF ANCIENT INDIA AND ANCIENT CHINA)
Subject During the existence of proto-states formed the fundamental principles of judicial-procedural law: the general provisions of evidence, the theory of evidence and evidentiary process. On the basis of the ancient world law sources the process of transformation and expansion of evidence, changes in the process of proving during different periods of proto-states of the ancient East (on the example of ancient China and ancient India) was studied. Aims/Objectives A detailed description of the peculiarities of evidence and the process of proof in ancient China and ancient India has been reproduced on the basis of extant sources of ancient Oriental law. Before embarking on a study of modern law of evidence, it is necessary to know the process of establishment, application and subsequent development of the theory of evidence in law. Methodology The methods of comparative law, formal legal method, methods of chronology and periodisation as well as methods of synthesis and analysis were used. Conclusion The authors have formed a general idea about the theory of evidence and the process of proof: the theory of evidence of ancient China and ancient India is formal in its legal nature (in terms of giving legal effect to every proof in advance), and the process of proof during its entire genesis in the Ancient East preserved the stages of proof: collection (by the court or participants in the process), and their checking and evaluation entirely by the court. The primary formation of the foundations of the judicial process brought significant results for the specification in subsequent historical periods of the properties of evidence, as well as the order of their collection, evaluation and verification. The authors also point to procedures which are fundamentally similar to those of modern times for the examination of evidence, such as the features of the institute of Narada-smriti handwriting examination. The authors believe that the peculiarities of ancient oriental evidentiary law need to be studied in detail on an ongoing basis.