On The Construction Of The Hearsay Rule

The rule of against, hearsay evidence plays a very important role in modern criminal procedure. Hearsay originated in common law countries, and currently in China Judiciary there is no concept of hearsay rule theory, and we still lack of research of hearsay rule in both systematical and practical sides. Consequently, the study of hearsay rule not only has rich theoretical value, but also significant practical meaning. This article starts with the hearsay evidence and hearsay rule's concepts, components and history, uses the comparative analysis, empirical analysis, historical reference, logical analysis to provide some suggestion to the construction of our country's hearsay evidence rule.The first chapter mainly describes the concepts of hearsay rule and hearsay evidence, and compares it with the principle of directness and verbalism.The second chapter starts with analysis of the nature of hearsay rule and formation of hearsay evidence, and mainly analyzes the legal definition of hearsay rule and the basic structure of the hearsay rule. Meanwhile, this article introduces the definition and exception of hearsay rule in detail in common law countries which represented by United States and United Kingdom, and gives a comparative analysis of civil law countries which represented by French and German.The third chapter gives the reason why china still lack of definition of hearsay rule, and summarizes the feasibility and necessity of china's construction of hearsay rule.The fourth chapter finally gives some suggestion to the legal definition of china's hearsay rule, and the exception rule, applicable procedures of hearsay rule and other related measures such as witness protection and cross examination.