Analysis Of The Construction Of The Hearsay Evidence Rules In China

The hearsay evidence rules was born in the countries of Anglo-American Legal System, which is one of the oldest, most unique rules in Anglo-American Evidence Law. In criminal cases of our country, the testimony of a witness is an important evidence. The fifty-ninth article of Criminal Procedure Law stipulates the testimony of witness testimony in court must be cross-examined, which can be used as the basis for decision after verified. However, the common phenomenon in the judicial practice is that the ratio of witness attendance is low and a lot of written testimony accesses in. The judges treat various written testimony as a basis for a final decision. It appears obviously that the stipulation in law is not well performed in judicial practice. There have been more new breakthroughs for the witness’attendance in the New Criminal Procedure Law in2013of our country, which aims at increasing the witness’attendance by improve the rules related. However, both the soft conditions and the hard rules means are important that can not be retreated. The New Criminal Procedural Law establishes the illegal evidence elimination rules of evidence in our country, which is a milepost type breakthrough and provides a good start for the admissibility of our country. As for the hearsay evidence rules, the establishment of the hearsay evidence rules will benefit the court’s obtaining the best evidence, guarantee the right permission of the defendant, and is good for a fair trial. Therefore, combined with the actual situation of our country, constructing the hearsay evidence rules is of great significance. This paper will analyze the hearsay evidence rules from the following four main parts.The first chapter mainly states the key concept of the hearsay evidence and the hearsay rules, and then compare the similar derivative evidence and direct words principle, which can help clearly define the concept and characteristics of the hearsay evidence.The second chapter analyzes the legislation related with hearsay evidence, lists13classic judicial misjudged cases, and sums up the feasibility of hearsay in our judicial practice.The third chapter concludes and searches for the specific provisions in other countries of the hearsay rules, especially British, American whose development of hearsay evidence rules has a long history and also wholesome. At the same time, this part refers to the country of Japan, Germany which belong to the mainland legal system.The forth chapter shows that our country has the condition to construct the hearsay evidence rules at present state through the analysis of the necessity of the hearsay evidence. Therefore, this part comes up with some proposals on the construction of the hearsay rules through two points of substantive rules and procedural rules in china.