The Enlightenment Of Hearsay Rule Exceptions In American Civil Procedure

"Hearsay" is one of the most important evidence rules in Anglo-American legal system.It has been accumulated for several centuries and continues to develop.The rules of hearsay cannot be used as evidence.However,in the accumulation of centuries-old case law in Anglo-American legal system,a huge system of hearsay rules has been formed and even described as a hearsay rule with the exception of an ocean.Since the founding of our country,we have not established the rule of hearsay in civil lawsuit for a variety of reasons.Scholars have different opinions.However,with the rise of scholars' legislation,the evidence rules of civil hearsay may be incorporated into the evidence rules of our country in the future one.This article analyzes the impact and progress of the above exceptional cases on the court trial of American civil law by explaining the exception of the hearsay evidence in the United States.At the same time,it analyzes the problems that exist in the court witness's testimony in our country,Conception of Constructing Civil Hearsay and Its Exceptions.In addition to the introduction,this article is divided into four sections.The first part of this article is about the basic principles and types of hearsay rules,the relationship between the hearsay rules and the principle of direct verbal transmission,namely,the definition of hearsay evidence and the types of hearsay evidence.It is followed by an account of the dangers of hearsay evidence and the reasons for excluding hearsay evidence in order to locate the scope of the hearsay rule.The second part is about the exception theory and its significance of American hearsay rules.This section focuses on and analyzes the exceptions to the hearsay rules in the United States Federal Code of Evidence and the cases in which the exception to the hearsay rule in the United States is due to the conflict between its own rules of evidence.The United States Hearsay Rule is a set of rules developed by the United States evidentiary rules to exclude hearsay evidence that has been accumulated through case law with a large and complex exception.Therefore,if we want to have a profound understanding of the theory of hearsay rules,we must discuss the evolution and significance of the hearsay rules in American evidence law.The third part is the application of civil hearsay evidence and its exceptions in other countries and regions.Using the comparative method,we examine the development and application of the hearsay rule exceptions in Britain,Australia,Taiwan District in China and Hong Kong SAR in China.The fourth part is the suggestion of perfecting China's civil hearsay rules and its exceptions.I list the scholars' suggestions on the introduction of hearsay rules,and at the same time,I also express my own opinions.While heightening the rules of hearsay evidence and its exceptions,I also perfect relevant supporting systems.Difficulties in essay writing lie in the fact that the Code of Civil Procedure of our country does not establish the rules of hearsay,so it is a little unfamiliar in the circumstance of the exception of hearsay rules.In addition,we should not only consider the witness's right to refuse to testify,but also consider the actual situation of the case and make the combination of practice and theory.The innovation point of the dissertation mainly lies in that it is the purpose of this article that to draw lessons from the exception rules of hearsay evidence in the United States evidence law to improve the evidence that the witnesses in the civil litigation practice in our country are not reasonably unable to pass the proof,China's Civil Procedure Law does not have a detailed stipulation on the exception of the witness's appearance of the witness in the court.Only the general provisions of the relevant laws and regulations,the provisions on the witness's appearance of the witness in our country have some coincidence with the hearsay evidence and the principle of the speech.Therefore,the exception of hearsay evidence has certain enlightenment on the exception of witnesses in the Civil Procedure in China.