Font Size: a A A

Research On Hearsay Rule Exceptions In Criminal Procedure

Posted on:2010-06-07Degree:MasterType:Thesis
Country:ChinaCandidate:J YangFull Text:PDF
GTID:2166360278972726Subject:Law
Abstract/Summary:PDF Full Text Request
The Hearsay Evidence Rule, also known as the Anti-Hearsay Rule, is about the rule of the evidence that can be applied. Based on the rule, the hearsay evidence cannot be applied and submitted to the court for the evidence investigation; if shown in the court, they also cannot be submitted to the jury as the hereunder for a case ruling. The Hearsay Evidence Rule originated from the Common Law System. It is the most important and oldest evidence rule in Common Evidence Act.In China, it has taken a more ambiguous attitude on hearsay evidence in current Code of Criminal Procedure. This is also the reason that the Chinese criminal justice reform have not achieved the expected results. Particularly with the growing call for the separate legislation of evidence in our country, in the near future, the hearsay evidence rule will be brought into the scope of legislation for evidence of our country. At present, the strengthening of the research on the exception to the hearsay rule has a very important meaning for standardizing legislation. The hearsay exceptions are the core of the hearsay evidence rule. If the exceptions cannot be solved in a right way in China, even if the rule is made, it will be neglected because of its lack of practical operation. This is why the author is committed to the study of the hearsay rule exceptions, hoping it beneficial to the on going legislative changes in criminal proceedings of China, as well as the perfection of China's criminal evidence system.This essay falls into four chapters. Chapter I is about the conception and historical development of the hearsay evidence rule, defining the hearsay evidence and the hearsay rule, dwelling on its nature, analyzing its generation and development, focusing on its core, namely, the creation and development process of the hearsay rule exception.Chapterâ…¡is the investigation and assessment of the Exception to the hearsay rule. Deals with the review, comparison and analysis of the provisions relating to the hearsay rule exceptions in Britain, the United States, Japan, Germany and other countries. And put the United Kingdom and the United States as the main study object. For the United Kingdom Criminal exceptions to the hearsay rule, this article is to carry out assessment in two parts, the common law and statute law of the exception. About the exception of the hearsay rule in the United States criminal procedure, this article focuses on "the federal rules of evidence" related to the hearsay rule and its exceptions. In addition this chapter also give some introduction for Japan and Germany hearsay exceptions, In the end, comparing hearsay exceptions characteristics of those country, for a more clear understanding about the hearsay rule exceptions.Chapterâ…¢gives a description of the legislative grounds for the hearsay rule exceptions and its litigation value. The beginning of this chapter is the analysis of the various query about the hearsay rule exceptions. Expounded that it is very necessary to re-study and explore the hearsay rule exceptions. Finally, evaluate the value of the hearsay exception to the litigation.Chapterâ…£tells about the construction of the hearsay rule in China, focusing on how to set up the hearsay rule exceptions. Introduce the current rules relating to hearsay evidence in the legislative situation. Analysis the necessity and feasibility of the establishment of the hearsay rule exceptions. Finally give a conception the establishment the hearsay rule exceptions.
Keywords/Search Tags:the Hearsay Evidence, the Hearsay Evidence Rule, exceptions, construction
PDF Full Text Request
Related items