An Analysis Of Dilemma In The Construction Of The Hearsay Rule In China

The Hearsay Rule is an important system in Anglo-American evidence law. It is generally believed that the hearsay evidence is not recoverable in principle because it lack reliability, without the parties cross-examination, without under oath, etc.Legislation in our country has not establish the concept of hearsay evidence rules.,though some provisions in criminal procedure law of our state reflects the spirit of exclusion of hearsayl evidence, Scholors in our country suffered a lot of discussion and research on whether there should construct hearsay evidence rule, The aim of this article is not support or oppose to build the rule the ground that every coin has two sides but to clarify the dilemma in the Construction of the Hearsay Rule in China in terms of theoretical basis, the institutional environment,values thinking and practice via a comparison method.