The Study On The Construction Of The Criminal Hearsay Evidence Rule In Our Country

Hearsay evidence rule is an important evidence rule in the common law system, the hearsay evidence rule means that if an evidence was identified as an hearsay evidence and the evidence does not belong to the legal provisions of the exceptional circumstances, the court shall not accept the evidence as the basis for decision. Hearsay evidence refers to the expression or be made outside to give evidence at the trial or questioning the witness, was put forward as evidence to prove the facts is true, that an oral, written declaration or nonverbal behavior. At present, the witness in our criminal justice practice seldom appear in court, the written testimony that the hearsay evidence in the common law is the judge to adopt as the basis for decision. This will not only harmful to a fair trial, and is not conducive to guarantee the human rights of the accused. Therefore, the scholars appeal that we should as soon as possible to determine the criminal hearsay rule to solve this problem in our country. In this paper, through the analysis of the hearsay evidence rule in the common law system, combined with the actual situation in our country, I put forward some suggestions to construct the hearsay evidence rules in China. My paper is divided into the following four parts:The first part, the discuss of the hearsay evidence rule base. First of all, through the analysis of the different concepts of hearsay evidence in the common law system, I determine the true concept of hearsay evidence. Then I define the concept of the hearsay evidence rule, and analyze the properties of hearsay evidence rule. Finally, I introduce the development process of the hearsay evidence rule, to determine the value of litigation from its development.The second part, the discuss of the legislative reasons and the exceptions of the hearsay evidence rule. First, I analyze that the common law system countries determine the hearsay evidence rule, is mainly because of potential untruth of the hearsay evidence, and then list the main reasons of legislation to determine the rule of hearsay evidence. Secondly, the hearsay evidence is not of course excluded in the common country. If there are exceptional circumstances stipulated by law, the hearsay evidence can be adopted. Through the analysis of the statute and case law in the common law, I list the main exception of the hearsay rule in the common law.The third part, I analyze the necessity and current situation of China application of hearsay evidence rule. Through the analysis of the two part of the paper about the hearsay evidence rule in the common law, combined with the specific circumstances of the criminal justice system in our country, I analyze the necessity of constructing the criminal hearsay rule in our country.The fourth part, I put forward some suggestions of constructing the criminal hearsay rule in our country. Through the analysis of the feasibility of establishing the hearsay evidence rule in our country, I think, the present stage, that our country has favorable conditions for the construction of the rule of hearsay evidence, and then I put forward the concrete contents of the hearsay evidence rule in China, from two aspects of the substantive rules and procedural rules.