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Research On The Hearsay Rule

Posted on:2009-08-30Degree:MasterType:Thesis
Country:ChinaCandidate:Y C LiuFull Text:PDF
GTID:2166360245486930Subject:Procedural Law
Abstract/Summary:PDF Full Text Request
Hearsay evidence is a peculiar concept of evidence law in common law system. It means that any statement made otherwise than by a person while giving oral evidence in the proceedings, which is tendered as evidence of the matters stated.Hearsay evidence has two important factors, one is that the statement must be made out of the court proceeding, another is that the evidence should be used to proof the truth of what had been said. It has series of expressions, such as oral,written,or even behavior.Hearsay rule is the principal about the admissibility of hearsay evidence . It is generally thought that except the special provisions, hearsay evidence does not have admissibility. It can not send in to the court to be investigated and take cross-examination, and the evidence which had already been showed in the court can not hand in to the jury as a basis to appraise. Federal Rules of Evidence 802 said: "Hearsay is not admissible except as provided by these rules or by other rules prescribed by the Supreme Court pursuant to statutory authority or by Act of Congress."Though hearsay rule is not regulated in the countries of civil law system, it has been taken impact on civil law system, especially with the development of the forbidden of written trail, and the principal of direct and verbal has been universally applicable in trail. All that need the one who perceive the case directly testify at court. It is the same in these two different law systems in natural. The criminal procedure law of Japan has studied the rules of common law system, and connected the principal of direct and verbal with hearsay rule.Though the criminal procedure law in China shows some spirits of hearsay rule, on another side, it also has direct conflicts. At present, there is seldom witness to be testified at court, written trail has been used widely. The truth of these evidence can not be ensured, and the defendant can not implement the inquiry right, all that make the accuser and the defender imbalanced, these problems effect the fairness of the trail.To solve the problems above, the author suggest that before establish hearsay rule in China, we should reform the judicial system, such as regulating related contents in constitution and criminal procedure law, and establish and perfect the testify system of witness,identifier,policeman. We also should establish the range,exception clauses and the procedure of hearsay rule in China.
Keywords/Search Tags:hearsay evidence, hearsay rule, human rights, procedure justice
PDF Full Text Request
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