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Research On Criminal Rule Against Hearsay

Posted on:2008-04-01Degree:MasterType:Thesis
Country:ChinaCandidate:Z J XueFull Text:PDF
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Hearsay is one of the traditional concepts of the evidence law in the United States and the United Kingdom. Hearsay refers to evidences based on the reports of others rather than the personal knowledge of a witness and is provided as evidence to prove whether what it carries is true or not. Hearsay is usually oral or written expression or other expression carried by unintended non-language behavior. There are detailed rules on hearsay in the criminal law in the United States and the United Kingdom while there are few rules on it in our country. The criminal procedure law in China in 1996 adopted confrontation trial, which accelerated the reform of criminal procedure. However, there are fewer changes between the new and old criminal procedure about evidence rule. Now we lack authentication and cross-examination rules to match the confrontation trial. Problems exist in our judicial practice that witness are not willing to testify,and therefore documentary hearsay prevails. At present ,criminal trial is faced with the difficulties of lack of rule of utilizing evidence .It has been the common view to draw up the rule which regular judge to utilize evidence in theory and reality field.The rule against hearsay is that hearsay can not be adopted unless other rules are prescribed in law. because of the shortness of jury system and hearsay evidence ,theory of rule against hearsay appears .However, some hearsay evidence are affirmed by trialed cases and legislation ,so exceptions against hearsay formed .The rule against hearsay requests that hearsay evidence should be expelled in trial and witness should be questioned in court ,unless it comes from some exceptions to hearsay rule. In 20th century , rule against hearsay have been adopted by many countries .Here ,we mainly study the development of criminal hearsay rule abroad.It's necessary and feasible to establish the hearsay rules in our country. It can be used as a complement to the cross-examination system after reform of trial system, therefore the plaintiff and the defendant can obtain the fair chances to listen to what the witnesses state and how they question the evidence. Establishing the hearsay rule is also an effective means to prevent the illegal evidence obtained especially extorting the confession by torture. It's a necessary to ensure the truth of cases, to realize the justice of the law practice, to stir the party to testify. This rule has a referential value to ensure the justice of criminal procedure in our country. Reform for court justice in our country provide the better foundation of rule against hearsay.Reference to provisions of international conventions and rule against hearsay of other countries in the world, combining criminal justice practice in our country, we present some suggestions as following:1. adapting scope of hearsay rule2. detective and the injured party should appear in court and testify3. perfect the system that the appraiser appear in court4. perfect the summon system of witness5. perfect the simplified trial system6. clarify the definition of witness7. clarify the obligation of witness8. exception on hearsay rule...
Keywords/Search Tags:Hearsay evidence, rule against hearsay, exception rule on hearsay, witness appearing in court, immediacy speaking rule
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