The Discuss About The Construction Of Hearsay Evidence Rule In Our Criminal Litigation Procedure

The hearsay evidence rule in Anglo-American evidence law is the special rules of evidence, as well as the illegal evidence exclusion rules more fundamental status of evidence rules. In China's criminal litigation in constructing the hearsay evidence rule, the scholars in our country has the very great dispute. The rules were rooted in common law, and the criminal procedure of China traditional pole is not identical, but its deep value of litigation and criminal litigation reform goal congruence, criminal procedure the hearsay evidence rule is not only necessary but also feasible. But the criminal procedure law reform, still did not establish the rules. The author thinks, the criminal procedural law of our country should establish the hearsay evidence rule, this is the reason I write this.In this paper, a total of more than thirty thousand words, is divided into the following sections:The first part, based on hearsay evidence rule. Including the hearsay evidence rule to define related concepts, development of the rule of hearsay evidence and hearsay rule process and Introspection of the value analysis of three elements. The first includes the definition of hearsay evidence and hearsay evidence rule definition. The contents of second including the research of the hearsay evidence rule as well as the development of the rules of development of absolute phase reflection. The content of third, analysis of the hearsay evidence rule values include:Security entity justice, judicial justice and protection of human rights, constructing equal confrontation lawsuit structure, implementation of the principle of judicial final settlement of decentralization and democracy, openness and equality of the constitutional principle of multiple value.The second part, our country criminal hearsay evidence rule flaw performance and the reason analysis. China s criminal hearsay evidence rule deletion has five manifestations, causes include ideological and institutional reasons. In the ideological aspect, mainly includes the following several points:first, the Chinese traditional psychology existence and the hearsay evidence rule does not suit place. In second, our inquisitorial legal tradition and the hearsay evidence rule does not suit place. Third, the protection of human rights in criminal litigation idea flaw," heavy entity, light program". In fourth, China's criminal procedure, judicial final adjudication principle in investigation center of ideas, lack of authority of jurisdiction, causing the hearsay evidence rule could not be saved. Fifth, on the hearsay evidence rule exists the deviation on understanding, think the hearsay evidence rule will bring justice efficiency. In the system, it is the model of Chinese criminal suit and the hearsay evidence rule has some unsuitable places. First of all, the investigation and control behavior of the pretrial supervision system is not perfection. Secondly, criminal litigation of our country is executed " Sue Photocopies", the lack of the judge and the judge separation system, neither the evidence qualification of pretrial review, also difficult to exclude judge on pretrial evidence generated prejudge the facts of the case, to form first impressions are strongest comments. Finally, the adversary procedure reform is not thorough.The third part, our country criminal procedure constructs the hearsay evidence rule of necessity, feasibility and obstacle analysis. Our country criminal procedure constructs the hearsay evidence rule of necessity include: first, the necessary evidence for trial; second, to continue the trial way reform and further strengthen the function of trial is necessary; third, the protection of human rights and fulfill the international criminal judicial criteria necessary; fourth, to promote the justice of judicial procedure is necessary. Fifth, to prevent the illegal collection of evidence, standard investigation necessary. The feasibility of including the thinking level and system level condition, in which the ideology, the guarantee of human rights in China and the progress of the justice of the procedure for the establishment of the rise of the hearsay evidence rule provides a good opportunity. On system conditions include:first, the existing legal basis. In second, the criminal procedure law reform in the system of witness testimony at court to lay the foundation of the rule of hearsay evidence. In third, our country law system contributes to the criminal procedure of our country to construct and implement the hearsay evidence rule. In the criminal procedure the hearsay evidence rule objectively also exists some obstacles. The first is the concept of constraints, followed by litigation pattern adjustment does not reach the designated position, finally, the hearsay evidence rule matching system not perfect.The fourth part, the hearsay evidence rule in our criminal procedure construction. First of all, the author thinks, our country criminal hearsay evidence rule construction should take "principle and exception list plus discretion " regulation mode. Also should set up the hearsay evidence is reviewed and the restrictive regulations of hearsay rules applicable procedures and contents.The fifth part, the supporting measures of constructing the hearsay evidence rule. First of all, to further adjust the pattern of litigation; Secondly, to solve the problem of witness not appearing in court; again, to establish the judge and the judge separation system; finally, the sound of our criminal procedure in the case of the triage system.