Anecdotal Evidence Rule Research

The hearsay is one of the important evidence rules of the Anglo-American evidence law, is the core and soul of the common law. Anecdotal evidence rules, also known as anecdotal evidence elimination rule is generally cannot adopt hearsay evidence in the trial, has been put forward in the court, shall not pay the jury as the basis of a review. Anecdotal evidence refers to in the interrogation or trial, witnesses, is content with others for v, is used to prove the claim the truthfulness of the fact that verbal and written statements or non-verbal behavior with a proposition. Criminal procedure law in our country, the regulations on anecdotal evidence few and far between, and in the process of our country’s judicial practice, witnesses testified rate is low, a large number of written testimony was used as a finalized by the judge, not only do not use determine the case facts, damage to the defendant’s rights and interests, but also do harm to the judicial justice, therefore, anecdotal evidence rules have important significance for our country. This paper first introduces the anecdotal evidence and hearsay evidence rules, then through comparing analysis of two big law regulations on anecdotal evidence, thus summarizes the theoretical basis and the value of the hearsay evidence rules, according to China’s judicial status, put forward reasonable idea about anecdotal evidence.The first part, studies the basis of anecdotal evidence. Firstly discuss the different scholars about the hearsay evidence theory, defines the concept of hearsay evidence, and has carried on the simple introduction of its characteristics, and compares the anecdotal evidence and evidence from the similarities and differences in our country. Secondly introduces the general provisions of the hearsay evidence rule and the reasons of exception, finally compares the hearsay evidence rule and the principle of direct language similarities and differences.The second part, the outside hearsay evidence. Mainly introduced the common law countries regulations on anecdotal evidence. Anecdotal evidence rules is one of the important evidence rules of Anglo-American law system, all countries have detailed provisions, to its provisions of the hearsay evidence rules of general conditions and exceptions.The third part, the value of the hearsay evidence rule analysis. Anecdotal evidence rule originated in the 17th century, after years of change, is still unshakable evidence rules of Anglo-American law system, the evidence law value, lawsuit value played an important role.The fourth part, the legislative status of hearsay evidence rules in our country. Three procedure law of our country are not the rules on anecdotal evidence, but there are some similar rules in the criminal procedure law. At the same time, the feasibility of the construction of hearsay evidence rules in China are analyzed, and draw lessons from Anglo-American law system of the hearsay evidence rules about the concept of the anecdotal evidence in our country puts forward the reasonable.