On The Introduction Of Hearsay Rule

Relying on the discussion of the definition, the history and the development of hearsay rule, this paper sketches the application and the exception of hearsay rule under the circumstance of the Anglo-American law system. With the traditional tools of economic analysis, it points out the way how the hearsay rule achieves the maximize efficiency. Then, it gives the reasons why we should introduce the hearsay rule into China, from the perspective of economic analysis, including the guaranteeing the publicity of evidence, and the circulation of evidence. This paper also gives some suggestions on how to establish the system of hearsay rule in China, so that the three parties in criminal procedure could make the optimism choice. Lastly, it proposes that once setting up the exception of hearsay rule, we should consider the neutrality of evidences, depending on the economic analyzing.This paper includes five parts. The introduction presents the reason, the innovation, the objective and the significance of this research. Partâ… expresses the definition of hearsay rule briefly. Partâ…¡it reveals the tools of the economic analysis. All these two parts serve for the common goal to establish the basement of partâ…¢. Partâ…¢is the key part of this paper. It analyzes the hearsay rule and the exceptions with the tools of economic analysis. Meanwhile, it provides the economical explanation, that why we should introduce the hearsay rule into China. In the final part, with the current difficulties taken into consideration, some suggestions on the establishment of hearsay rule are listed.