Criminal Hearsay Rule As Research

The criminal hearsay rule is the central evidence rule of English-American law with the evidence of witness as its focus evidence. "the British Encyclopedia" believed, after the jury system, the hearsay rule is the most characteristic atmosphere in English-American Evidence Law, and makes great unique contribution in practice. The criminal hearsay rule is paid attention to, which is a little less than to the jury system, the criminal hearsay rule is core and soul of the English-American Evidence Law, more to some extent, it is thought that if there is no hearsay rule, there is no English-American Evidence Law, and the Evidence Law will lose its charm as well. Therefore, studying the connotation of concept in criminal hearsay rule, its judicial application, its jurisprudence, value orientation, analyzing its development and tendency, debating relationship between lawsuit and evidence, comparing its transmit and amalgamation, stating its advantages and disadvantages, we can build an evidence system and evidence theory in China base on it, which is our ought -to choice to realize real adversary system.This article is divided into two parts logically. From the first to the fourth chapter, it is on the ontology study of criminal hearsay rule, focusing on the purpose of explaining the hearsay rule's definition, its jurisprudence, sketching the exceptions in English-American hearsay rule, comparing the direct testimony of witness and criminal hearsay rule as to outlook the developing trend of criminal hearsay rule, by which, the author build its jurisprudence in criminal hearsay rule. The study on ontology shows that though the criminal hearsay rule is originated from English-American evidence law, is related to adversary trial system, and is immersed in law culture of England and America, its lawsuit theory and the spirit of testimony of witness under adversary system has value...