Research On Hearsay Rule

Hearsay rule is also known as the exclusionary rule against hearsay, i.e., hearsay is inadmissible in court. The rule against hearsay has traditionally been regarded as one of the most fundamental rule of evidence in common law, and also the most confusing one. At the same time, there are lots of exceptions.The reason that this dissertation takes hearsay as the subject is that this evidence rule is so practical that it has a strong value of study and law-making, while the research in this field in China is almost vacant. The aim of systematic and deep discussion of hearsay rule in criminal procedure in this dissertation is to provide reference and theory for the future amendment of criminal procedural law as well as the perfection of the criminal evidence law in China.Chapter one will make the definition of terms, such as hearsay, hearsay evidence, multi-hearsay, hearsay within hearsay, non hearsay, second-hand hearsay, etc.In the evidence law of common law system, the determination of hearsay seemed having the character of diversity other than uniformity. However, by analysis, there is a fundamental factor that is uniform no matter what is the definition of hearsay, i.e., hearsay evidence must be a statement made outside court, which is a claim needed to be confirmed. From my point of view, if some evidence is defined as hearsay without any exception applicable, the evidence should not be admitted in court.Chapter two is related to the origin and development of hearsay rule. According to chronology, the establishment and development of hearsay rule is retrospective, of which that can be divided into three periods: the origin period in the mid 16th century, the important transitory period from 17th to the beginning of 18th century, and the consolidation period after 18th century. As to the development, it should be defined as the development of the applying scope—or the development of extent, not including the development of exceptions of hearsay. The creation, developing and transition of the exceptions will be discussed in details below in Chapter 6. The applying scope of hearsay rule changed from the application for explicit statement (explicitly oral statement, documentary statement and explicit non-statement behavior) to implicit statement (implicitly oral statement, documentary statement and implicit non-statement...