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The Hearsay Rule Under The Perspective Of Trail-centered Principle In Criminal Procedure

Posted on:2019-04-28Degree:MasterType:Thesis
Country:ChinaCandidate:X MaFull Text:PDF
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18 the review by the fourth plenary session of the “the central committee of the communist party of China on promoting the rule of law certain major issue decision”.Behind this regulation “The trail-centered principle” has remarkable meanings.For achieving “The trail-centered principle” fully needs to elevate the status of the substance of the trial,only by carrying out the principle of evidence may fulfill the substance of the trial.The Hearsay Rule is rooted from Anglo-American legislation system,generally speaking,the hearsay rule is not trustworthy,and during the trail process hearsay can not be seen as evidence to apply in trail,which makes the hearsay rule much more charming and debatable.This rules contains staining value that far more exceed the different legal system,from the substance levels,The Hearsay Rule can eliminate the twisted evidence,on the other hand,The Hearsay Rule can guarantee the successful apply the Cross-Examination method,what is more is request the judge attending the trail and make conclusion based on the whole trail process.By increasing the combative level of the trail,also make sure the defendant owes there human right.Under the environments of the “The Trail-centered Principle”,as we recognize The Hearsay Rule plays a virtual role in our evidence system,by fill the vacancy of the rule system is more suitable.On the one hand,Through combine with our fundamental realities and judicial system of China,can solving the lack of substance phenomenon in Chinese trail,On the other hand,set up the basic principle and the exception regulation to fulfill our evidence system.This article is using the contrastive analysis methods,based on “The Trail Centered Principle”.Through combine with our fundamental realities and judicial system of China,based on this foundations,analyses the related regulations,we found that set up The Hearsay Rule will not cause the acclimatized in Chinese environment but also can make the full play of cross-examination so as to resolve the virtual trail phenomenon.Lastly,discuss about the setting mode of our Criminal Hearsay Rule and the Elimination methods,make the conclusion that set up Chinese Hearsay Rule is necessity and feasibility.
Keywords/Search Tags:Criminal Procedure Law, Hearsay Rule, Trail Centered Principle, Substantial trail
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