| The hearsay evidence rule is one of the oldest and most influential evidence rules in the adversarial litigation mode of Anglo-American law system.Hearsay evidence should be excluded in principle.Common law countries establish hearsay evidence rules mainly to achieve the following two goals: first,for the purpose of finding out the facts of the case,in order to ensure the admissibility of evidence,witnesses need to appear in court in person to make statements;Second,in order to protect the right of cross-examination of both parties in the trial,the cross-examination opportunity is provided for both parties in the trial.With the exchange,integration and reference of the two law systems,hearsay evidence rules are gradually absorbed and integrated by some countries of the civil law system,and are integrated with the local evidence rules to form evidence rules adapted to the national conditions.For example,Japan has integrated hearsay evidence rules with its own criminal procedure system,and its excellent transplant experience can provide a blueprint for many civil law countries to construct hearsay evidence rules.The civil law countries have bigger influence on the criminal lawsuit pattern of our country,in promoting the substantial changes before trial,our country criminal litigation has long been at the entity and belittles the procedure of lawsuit idea,oral evidence into court difficulty is higher,the witness and seldom appear in court,many trial by the written form of evidence,such as case record material,to determine the case facts.There are a large number of evidence in the records of these cases that have not been accepted through effective cross-examination procedures,which can neither achieve the purpose of fair trial of the case nor guarantee the right of cross-examination of the accused.With the advancement of substantive reform of trial,the problem of criminal witnesses appearing in court to testify in court has not been improved in China.The phenomenon of witnesses appearing in court and the phenomenon of written trial are still the problems that exist for a long time and need to be solved urgently in China’s criminal procedure court.Deepening the hearsay evidence rules in China can promote the system of witness testifying in court and improve the phenomenon that written testimony has long been used as the basis for deciding a case.But our country build hearsay evidence rule does not fully comply with common law countries about the hearsay evidence rules applicable experience,should also be combined with China’s specific national conditions,a comparative study about outside hearsay evidence rules,construct the hearsay evidence rules of litigation mode in our country,thus effectively solve the present problems in our country.In the first part of the article,the hearsay evidence rules are briefly summarized.Firstly,by referring to the definition of hearsay evidence by scholars in various countries,the connotation,expression form and characteristics of hearsay evidence are summarized.Secondly,on this basis,the concept of hearsay evidence rule is defined.Finally,it summarizes the establishment,development and reform process of hearsay evidence rules through the experience summarized in hundreds of years of judicial practice,and provides experience for the construction of hearsay evidence rules in China.The second part of the article analyzes and investigates the rules of extraterritorial hearsay evidence.By analyzing and comparing the regulations and legislative spirit of hearsay evidence in common law system and civil law system countries,and summarizing the development experience,the possibility of establishing hearsay evidence rules in China is sought.Finally,it analyzes the future development direction of hearsay evidence rules in various countries in the world,and provides a reference model for China to construct hearsay evidence rules.The third part of the article puts forward the feasibility and necessity of establishing hearsay evidence rules in China.On the one hand,from the point of the judicial practice situation in our country,our country’s current criminal procedure law this witness to testify rate remains low,the written testimony of into court as the final basis,construction of hearsay evidence rules to implement trial essence,promote the witnesses and expert witnesses to appear in court,safeguard the right of cross-examination of the parties,and other functions,Therefore,it is necessary to construct hearsay evidence rule in China.On the other hand,Chinese comprehensive national strength of ascension for the witness to testify economic and technical support,"" for the center with trial litigation system reform policy soil for introduction of hearsay evidence rules in China,human rights and procedural justice theory related to the development of our country to build hearsay evidence rules provides the theoretical support,so the construction of the hearsay evidence rule is feasible.The fourth part of the article analyzes the problems in the process of identifying hearsay evidence in China.Although the hearsay evidence rule is not clearly stipulated in the current legislation in China,many adversarial rules have been adopted in the criminal trial courts due to the changes in the way of trial in China in recent years,and there are some similar rules in the criminal procedure law.The theoretical basis of hearsay evidence rule is to guarantee the right of both sides to confront and interrogate,which is complementary to the trial reform in China.Therefore,it is necessary to construct hearsay evidence rule in China.This chapter starts from the problems in the process of identifying hearsay evidence and discusses the problems that should be paid attention to in the construction of criminal hearsay evidence rules in China.The fifth part of the article is to construct the assumption of hearsay evidence rule in China.Firstly,the hearsay evidence rule system is constructed.The definition of hearsay evidence is clearly defined in legislation,and it is stipulated that hearsay evidence should be excluded in principle.Setting up hearsay exception,starting from the actual situation of the judiciary,combining with the requirement of substantive reform of the trial of our country to discuss the hearsay exception.Secondly,in order to protect the litigation rights of the accused,suggestions are put forward from the relevant supporting systems of hearsay evidence rules,namely the witness testifying system in court and the cross-examination system.Finally,limit the discretion of judges to determine whether witnesses will appear in court. |
