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The Construction Of The Criminal Hearsay Rule In China

Posted on:2014-02-14Degree:MasterType:Thesis
Country:ChinaCandidate:Q ZhangFull Text:PDF
GTID:2246330398477771Subject:Law
Abstract/Summary:PDF Full Text Request
The hearsay rule is the basic rule of evidence in Anglo-American law system, a product of the development of the common law. This rule, after the jury system, is the most distinctive rule of the Anglo-American law of evidence in the practice. It is one of the most important rules of the modern rules of criminal evidence in Anglo-American evidence law, attention degree after the jury system. China has not established the hearsay evidence rule, and even the new "criminal procedural law" revised in2012did not involve the hearsay rule. But the overhaul has made great changes in requiring the attendance of witnesses, for example, it specified the details of the witness, expert to testify obligations and responsibility, the special case of witnesses and their close relatives to take special protection measures, improve the witness of the charge, to a certain extent, reflects the essence and spirit of the hearsay rule, the legal blank make up the litigation rules of evidence in our country, the construction of China’s criminal hearsay rule laid the legal foundation. Therefore, the author based on the actual situation of our country and the judicial reality, starting from the basic theory of the hearsay rule, the hearsay rule based on abroad, and put forward some ideas and suggestions on the establishment of the criminal hearsay rule in china.The first part has carried on a comprehensive analysis on hearsay evidence and hearsay rule from a macro perspective. First of all, on the form of what is meant by hearsay, hearsay evidence and hearsay was not explained. Secondly, the hearsay evidence and our evidence passed comparative analysis. Thirdly, it systematically expounds the concept and the nature of the hearsay rule. Finally, it introduces the relation and the difference between the hearsay rule and the principle of direct verbal, emphasizing the difference between the two.Analysis of the hearsay rule and hearsay exception to establish the theoretical basis of second parts. First of all, from the emphasis on truth discovered substantive requirements, from the five aspects respectively introduces the internal basis of hearsay rules established. Secondly, from the maintenance of a fair trial procedures require consideration of external basis, explain the hearsay rule set from four aspects. Thirdly, the necessity of hearsay exceptions were introduced from the angle of reality in judicial practice. Finally, this paper introduces the latest development of the hearsay rule.The third part introduces the hearsay rule’s investigation, and to the United States, Japan, Britain as the main object of study. First of all, to Britain’s hearsay rule is the earliest in the Anglo-American legal system development which is described in detail. Secondly, the hearsay rule of the United States of America catching up from behind the carried out a detailed analysis, in order to "the federal rules of evidence" as the key point, expounds the United States hearsay exceptions. Finally, study of Japan’s hearsay rule is mainly focused on the hearsay rule transplantation, providing a realistic basis for the establishment of the hearsay rule in china.The fourth part is based on the current situation of China’s criminal procedure, on the basis of the hearsay rule, respectively, putting forward the idea of establishing the criminal hearsay rule in China from the three aspects of legislation, the applicable procedures and the corresponding supporting system. First of all, in order to establish the hearsay rule, it must start from the legislative present situation of criminal procedure and the analysis of favourable conditions. Secondly, there is a necessity of learning from foreign about hearsay rule "principle with exceptions" legislative model and putting forward the legislation construct the hearsay rule in China. In addition, stipulates the procedure of the hearsay rule. Finally, establish the corresponding supporting system for the hearsay rule.
Keywords/Search Tags:Hearsay Rule, Exceptions, Reasons, Construction
PDF Full Text Request
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