On The Issue Of Rules Of Testimonial Evidence In Criminal Proceedings

From the perspective of comparative law, this article aims at studying on the concept, scope, character of testimonial evidence and the rules of testimonial evidence of Chinese criminal procedure. Around this promblem, the whole paper is divided in four chapters. The main contents of each chapter are as follows:Chapter one is about reconstructing the concept of Chinese testimonial evidence and studying on the concept of testimonial evidence. By analyzing the concept of different Chinese testimonial evidence, this article seeks the conflict and error in the different concepts, then reconstructing the concept of Chinese testimonial. Otherwise, this article describes the scope and characteristics in the criminal litigation of our country.The second part is about the general description of the rules of testimonial evidence .Basing on the previous research and comparison of the testimonial evidence in continental and common law systems, it describes the foreign principal rules of testimonial evidence and the function of criminal evidence rules. These rules include the free confession rule, the confession corroboration rule, exclusionary rule of hearsay evidence, and so on.The third part is the present situation of our country's testimonial evidence rules in criminal procedure. It is divided into the legislative present situation of our country's testimonial evidence rules and the judicial present situation of our country's testimonial evidence rules.The fourth part is how to make our country's testimonial evidence rules in criminal procedure better. Our first task is to make our country's existing related criminal evidence rules better according to the requirements and principles before studying and making new testimonial evidence rules. Otherwise, if we want to make the system of testimonial evidence rules firm and better, we must at least settle exclusionary rule of hearsay evidence and free confession rule. And if we hope the rule operate an active effect on the construction of law and social activities, we should establish and improve the legal environment and the safeguards.