Study On The Rule Of The Verbalism Evidence

The discussing of the modification of the Criminal Procedure Law of China is in process. This paper is based on the present rules of verbal evidence in Criminal Procedure Law and the shortage in the justice practice. In the paper, it pointed out that there were some shortages on the verbal evidence both in the rule and the justice practice. Afterwards, the paper tabled some proposal according to the real situation in China.The Criminal Procedure Law has been amended a lot in 1996. The structure of the court inquiry was aimed to establish the model like the one in Common Law System. Between the Common Law System and the Civil Law System, there are something in common and something different. Comparing the different rules of the verbal evidence between the Common Law System and the Civil Law System, and analysis the practical instance in China, the paper is going to discuss how to settle down the problems in lack of verbal evidence rules in theory.In the process of integrative of the world, we should be based on the situation in China and use the advanced achievements from other countries for scientific reference when we establish and consummate the law system in China. Because the aim of modification of criminal procedure law is the procedure model which is same as in the Common Law System, when we replant the verbal evidence rules should be suitable to the model of the court procedure. It seems much better to replant the verbal evidence rules the same with the Common Law System. According to the Criminal Procedure Law in China, there are four kinds of verbal evidence. The paper is based on the commons of these kinds of verbal evidence, suggests that establish the relativity rule, the hearsay rule, exclusionary rule of illegally obtained evidence, and the rule of cross examination. And based on these rules, the paper also suggested some special rules which are suitable for the different kinds of verbal evidence.