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Research On The System Of The Hearsay Evidence Rules

Posted on:2007-05-09Degree:DoctorType:Dissertation
Country:ChinaCandidate:L H ZhuFull Text:PDF
GTID:1116360182491375Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
The hearsay evidence rules are one of the most important evidencerules in modern criminal procedure. Although the absence of the hearsayevidence rules is an important reason why the reform of criminal trial modehas reached the expected effect in China, the academic circles have notdone much research on such hearsay evidence rules in a systematical andin-depth way, and the practical circles also has not understood such rulesclearly. Therefore, it is very important to research the hearsay evidencerules thoroughly in both theories and practices. The thesis will start withthe hearsay evidence rules of the common law system, and do an all-aroundanalysis and discussion on the rule from different aspects, using themethods of comparative, empirical, historical and logic analysis.The thesis is composed of six chapters except the introduction. Thefirst chapter will study the concept, nature, categories and inscapes of thehearsay evidence, the concept and nature of the hearsay rule, and thedifference and similarity between the hearsay evidence rules and theprinciple of direct verbalism.The second chapter will divide the historical development of thehearsay rule into three stages by reviewing the origin, establishment anddevelopment of the hearsay evidence rules in the common law system.With the development of English litigation system, the hearsay rule hadgermination before the mid-1600s although it was officially established.After the late 1600s, the hearsay rule was formally established in England.The hearsay rule has traditionally been regarded as one of the mostfundamental, and at the same time most confusing, of the rules of evidence.After the 1900s, the common law system made much reformation in thehearsay rule, and the exceptions of the hearsay rule had been in a trend toexpand gradually.The third chapter will systemically analyze the theoretic foundationsthat the common law system established the rule and its exceptions, andstudy the opposition to the hearsay rule in common law system, somereform suggestions on the rule, and some new viewpoints about thetheoretic foundations of the rule in common law system. In a word, thedevelopment of theory of the rules has had two trends. At first, with theadvance of the creditability and reliability of the hearsay rule, the rule inoperation became more and more relaxed in the common law system.Secondly, the common law system began to evolve from stressing theweight of hearsay evidence to stressing the value of the procedural justiceof the hearsay rule.The fourth chapter will in details analyze the hearsay rule from theaspects of the determination, exceptions, and operational procedure inEngland, America, and Japan.The fifth chapter will study the reason why Chinese criminal proceduredoes not establish the hearsay rules and its disadvantages after analyzingthe conjunction and conflict between Chinese criminal procedure and thehearsay rule. Then, the chapter will question the opinion of opposing toestablish the hearsay rule in China, and preliminarily analyze the necessityand discuss the favorable conditions of establishing the hearsay rule inChina's criminal procedures.The sixth chapter will discuss how to establish the hearsay rule inChina from the aspects of the determination, exceptions, operationalprocedure, and corresponding reform of the hearsay rule. Then, the chapterwill analyze the encumbrances of establishing the hearsay rule in Chinafrom the aspects of excessive emphasis in finding the case facts in Chinesecriminal procedure, the criminal justice system of mutual separation,cooperation and restriction, and flow-shop criminal procedural structure.
Keywords/Search Tags:the hearsay evidence rules, historical evolution, theoretic change, operation, use for reference
PDF Full Text Request
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