Research On The Rule Against Hearsay

The rule against hearsay is the extremely important rule in the English-America legal system of the evidence law, it has the glorious history, whose evolution and development inflect the basic characteristic and the tendency of the common law. Our country has bought in the English-America resistance hearing way in the certain degree, but except for the rule against hearsay which adapts to the resistance hearing type ,however, to the lawsuit and the reform evidence system in our country, the rule against hearsay is actually not allow to neglect. In this article, we take the hearsay rule as the research object and attempt thoroughly to explain the meaning, history,content and essence of the regular. Based on these, we see the rule agains thearsay from "substantive evidence view" and evaluate the scientific nature and the rationality of the regular , we hope that our country can profit from the feasible significance, then it is to benefit legislaton and the judicial practice reform of our country.The main content of the article as follows: Preface. Simple introduces the research present situation of the hearsay and the rule against hearsay in our country. The first part of the article is the definition of hearsay.The definition of hearsay is paid attention in the evidence method theory and the practice, it is important significance to define the hearsay and the scope of the rule against hearsay . This part first introduces the scholar regarding the hearsay definition in our country, and summarizes its common feature. Becondly illustrate the most common two definitions among multitudinous hearsay definitions in English America legal system, namely "statement center" hearsay definition and "position center" hearsay definition, then the part compares the differences between the two definitions, in which distinguishes in a big way in "the implied assertion". Finally carries on the thorough analysis to the hearsay constitution. The second part of the article talks about the hearsay rule and its exceptions. This part mainly elaborations the hearsay is removed in the English-America legal system countries. Based on the lacks of safeguard measure of the authentic procedure, generally the hearsay is removed because the hearsay does not have the conditions to take an oath, personally appear in court and overlap inquiry. However, the evidence law in the English-America legal system has established more exceptions to this rule. The article take as a center of gravity, introduces the content and exceptional situation of the rule and discusses the exceptional reasons to establish the hearsay rule.The third part of this article evaluates the rule against hearsay, this part removes embark from "substantive evidence view" to evaluate the hearsay and the hearsay rule, it thinks that the hearsay rephrases the testimony by witnesses in own words .The person who rephrases in own words does not have the main body's qualification in testimony by witnesses. It is reasonable to remove this main body outside the proof procedure. The process which the person rephares the testimony by witnesses in own words increases a certificate link outside the lawsuit, this increased link could cause the confidence level of therule to drop. Therefore, in order to safeguard the authenticity of the lawsuit proof , the removed hearsay tallies objective pursue of the lawsuit proof.The rule against hearsay, removes this certificate methord of being reporded the testimony by witnesses and urges the litigant to use the method which is of authenticity and safeguard. It essentially doesn't remove evidence itself.Therefore, the hearsay rule is proved its rationality. The fourth part of the article is restriction on the hearsay rule in China. Based on the rationality of the rule against hearsay and combining with the present amendment of building the hearsay rule in China, analyzes the practical significance of the rule to profit from the hearsay in our country , and poses tentative plan to absorb the reasonable essence of the rule . Based on elaboration in several aspects above, amendment of Criminal Procedural Law of the PRC,the idea of this article is that the rule against hearsay is scientific and rational, in order to resolve lots of problems in advanced judicial field , to promote process of our judicial reform smoothly, to connect with the world and keep up with the tidal of lawsuit democratization around the world ,we should profit by and take in the reasonable essence of the rule against hearsay.