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Construction Of The Criminal Hearsay Rule In China

Posted on:2018-09-04Degree:MasterType:Thesis
Country:ChinaCandidate:A R GuoFull Text:PDF
GTID:2346330536980696Subject:Science of Law
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The rule against hearsay evidence is one of the oldest evidence rules in the world,it has traditionally been regarded as one of the most fundamental evidence rules in Anglo-American legal system.Based on adversarial and the trial-centered system,this rule improves the reliability of the evidence and maintains the right of confrontation.Besides Anglo-American system countries,some of the civil law countries have established the hearsay rule,which makes this evidence rule a common view in the world.Recent years,Chinese judicial reform makes trial central principle a major topic in judiciary.This reformation lays the foundation of the establishment of the hearsay rule.Establish the hearsay rule will potimize the testimonies which can enhance the system of judgement.Aiming at misjudgement eliminating and hunman rights protecting,its' direct effects are excluding the unreliable evidence and maintaining the parties' right of confrontation.Although the current judicial status in PLC can be improved and the supporting system need to be completed,ruling out hearsays still can be beneficial.This paper takes the rule of evidence as the research object,aims at clarifying the coincidence of this evidence rule and our national conditions,analyzing the challenge of establishing the rule,and putting forward the feasibility of establishing this evidence system in our country.This paper is divided into five parts.First,it defines the concept of hearsay evidence,confirms the hearsays of the forms of evidence in China.The second part and the third part combined with the characteristics of the new period and the experience of foreign practice to analyze the necessity and feasibility of establishing the rule.The fourth part analyzes the difficulties and challenges faced by China.The last part looks into the hearsay rule in criminal procedure of mainland.
Keywords/Search Tags:hearsay evidence, the hearsay rule, exceptions to the hearsay rule
PDF Full Text Request
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