On Hearsay Evidence

The hearsay evidence is one of the traditional concepts of British and American evidence laws.The hearsay evidence rule means that the hearsay evidence can not be adopted except other provisions in law .The theory basis of exclusionary rule of hearsay evidence is the jury system and the disfigurement of hearsay evidence itself.But there are also some hearsay evidences are affirmed by the case law and legislation, and consequently became the exception of the hearsay rule .Along with society ideology change continuously, the exception contents of the hearsay rule are more than the contents itself, and its contents also are changing constantly which cause the scholars' widespread concern.Currently, British and American law groups are processing drastic discussiones on repeal or conservation about the hearsay rules .The hearsay evidence rule is important system aimed at assurance the witness appears at court,and guarantee the judge do right judgment and realize procedure justness and judicature justness .The thesis will begin with the concept of hearsay; thorough research the setup principles of the hearsay rule and the social background it exists; probe into the necessity and realistic possibility of the hearsay evidence rule with Chinese special features under the background of judgment system reform.the Analyse is composed of four levels.The first level, will define many concepts in hearsay evidence theories to make the start of research clearly .The second level,will analyze the formation process of the hearsay evidence , probe into the inside attribute,category,the contents of the hearsay evidence rule and law principle in them .The third level, will compare the theories and the actual situation of two greatest law system to find out the same or likeness value choice and profits balance in different law cultural traditions.The fourth level, will demonstrate the meaning of the hearsay evidence rule to improve the conditions that the note evidence is used too frequently on the court and the system of witness deposition at court is of no effect ,finally will Put forward the basic frame mode of the hearsay evidence rule in our country. Seeking law reality and procedure justice appeared from the hearsay evidence rule and the constiution meaning for human rignts guarantee give us great edification to construct our nomocracy country.The research methods in this thesis include law logic analysis,history analysis,comparative analysis,practice analysis etc.to explore the academic and practical problems of the hearsay evidence and acquire more innovative and more persuasive results.