Research On Hearsay Evidence Rules Of China

Hearsay evidence rules originate from the U.K., which is an original creation in English common law. Adversary system provides the soil for survival to hearsay evidence system. The jury system of witness centrism has close relationship with hearsay evidence rules, The oath and cross-examination required by hearsay evidence system highlight the "theater-style" presence of characteristics of criminal justice.The theoretical concepts of hearsay evidence are complicated, it had not become a legislative concept until "The United States Federal Rules of Evidence Law" of U.S in 1974. Hearsay evidence is to be used as evidence to prove the authenticity of the statement of certificate issues, but it is not a statement made at the time while a petitioner is in the trial or hearing testimony. Hearsay evidence has three characters: the broad nature of the main, anti-judicature of the content and strict stages. Hearsay evidence system is an ambitious institutional system which has the rule of exclusionary and exceptions of hearsay evidence as its core, with a series of supporting measures to confront with the adversary system of litigation. Hearsay evidence should in principle be excluded, unless there are exceptional. There are not only differences but also contact between hearsay evidence and the concept of "evidence heard" in Chinese theory. There are not only differences but also contact between the rule of hearsay evidence in Anglo-American law and the principle of direct language in Continent law.After the introduction of hearsay evidence system to Anglo-American law, it has got great development, which performs as the expansion of the exception excluding. Based on the same spiritual core of evidence systems of two legal systems and the trend of globalization of law after the second-world-war, hearsay evidence system has been transplanted by many Continent legal counties.The dramatic transformation of social and legal has been made after China's reform and opening up in the last century. "Mixed-ism" model is a goal of the revision of "Code of Criminal Procedure" in 1996, but there have been various defects in criminal justice practice. The sudden turn of Judicial Reform from 2008 will lead to unpredictable impact to China. In this process, we should have trade-offs of hearsay evidence system. Based on the necessity and feasibility considerations of hearsay evidence rules, China should construct the principle of exclusion of hearsay evidence, complemented by the rules of exceptions and improve the supporting systems.