Case Analysis Of Hearsay Evidence's Efficacy In Civil Procedure

Hearsay evidence is one of the most argumentative evidences in UK and US evidence laws. In the long judicature practice, the Common Law System has resulted in a series of complex rules on the evidence's efficacy. Hearsay evidence rule is an important system which ensures to make witness appear, judge make right sentence and achieve procedural justice and just judicature. Hearsay evidence often appears in our civil procedure. With the reforms of judicial system in China, it's necessary and impossible to construct hearsay evidence rule with Chinese characteristics. In the thesis, it discusses the predicament when the court uses hearsay evidence, analyses the legislation actuality and rationality of hearsay evidence as well as its using contradiction, together with suggestions on using rules of hearsay evidence construction, by comparing the different using of hearsay evidence's efficacy in two typical cases.There are three chapters of details.Chapter One:In two cases of this thesis, the court makes opposite sentences with using hearsay evidence, and has no same rules, which draws the dispute and trouble of using hearsay evidence in judicatory of China.Chapter Two:Analysis of the legislation actuality and rationality of hearsay evidence in details. Firstly interpret hearsay, hearsay evidence theory and its characteristics in law, the same with the theory of hearsay evidence rule and its connotation in the Common Law System. Secondly compare and analyse the essence of the hearsay testimony in our law system and the similar rules of hearsay evidence with its rules in civil procedure according to the hearsay evidence rule system in the Common Law System. About the reasonability of hearsay evidence system, the thesis mainly observes it in UK and US and analyses in details the development, the using programs and the reasonability of hearsay evidence system adapting to the models of trial in two countries. Introduce the contradiction about rules of hearsay evidence in legislation of ours and analyse the irrationality in using of hearsay evidence's efficacy in judicature practice of China.Chapter three:Give advice to constructing the using rules of hearsay evidence of ours, according to the advantages of UK's and US's. First, analyse the necessity and possibilities in constructing the using rules of hearsay evidence nowdays in China. Then. overview the problems which have to be settled before construction. Last, give own suggestions on construction in details...