The Research Of Hearsay Evidence In Civil Procedure

Hearsay evidence is a kind of Anglo-American law system concept. Hearsay evidence generates by those people who talk or ague something outside of court and is not accept to judges in principle. This evidence does not pass cross-examination of judicial trial and shall be eliminated under normal circumstances. Actually, quite a portion of legal cases ' important facts cannot be verified or need high costs to confirm if the hearsay evidence rules carry out strictly by judges. In order to make up for the lack of evidence, Anglo-American law system have lots of exception rules about hearsay evidence. These rules allow some reliable hearsay evidence as a method to judge the fact of a case.First of all, this paper, which need analyze the essentials of complicated questions, tries to discuss the existence of hearsay evidence from the perspective of judicial practice in our country. The the testimony of witnesses and the statement of parties which appears out of court can be used as the case facts. We can draw a conclusion that so many hearsay evidences are used in our practice of justice.Evidence institution relates judicial trial pattern. Because our country do not establish the hearsay evidence rules effectively, and judges work as the dominant role of litigation and prove with facts which relies on written testimony, case materials and physical evidence. This paper introduces the theoretical foundation of the hearsay evidence, as well as the difference of theory among derivative evidence, direct proofs and hearsay evidence. Secondly, we talk about the relationship between hearsay evidence and its rules of China's practice. There are lots of hearsay evidences but no hearsay evidence rules. Our civil law does not require witness to attend court. Thetestimony of witnesses and the statement of parties which are not exam-ed by cross-examination can work as the proof to testify the facts. The testimony of witnesses outside of court can transform as affidavit which means a sense of trust to justices. The statement of parties which happened out of trial can transform into audio-visual material which also can be used in our practice of justice. China's civil law ask witnesses to attend the relative judgment but also provides the application of other resolution measures. Judges formed an expression that witnesses are not necessary to the trial. Judges can testify the facts by the written testimony of witnesses, case file and physical evidence. There are a lot of fake evidence in our judicial practice. We need to build hearsay evidence rules to judge the fact of a case.Last but not least, we talk these problems on the background of Uniform Evidence in People's Courts, legal cases, our exception rules of hearsay evidence and its accessory institution. Hearsay evidence rules shall use in some circumstances of the testimony of witnesses on courts and more augmentative legal evidence. Judges cannot permit irregularity in carrying out justice by restricted discretion in civil proceeding in today's China.