Research On The Hearsay Rule

The hearsay rule is an important feature in the adversary system, it is the heart and soul in the Anglo-American law of evidence. It is thought that except the special provisions, hearsay evidence does not have admissibility. Through hundreds of years, But in the 20th century, the strict rules of hearsay evidence has begun to gradually relax the hearsay evidence is widely accepted, presented, and to show "the liberalization of the hearsay rule" reform. Therefore, the hearsay rules of evidence to explore the meaning, nature, the basis of theory and the exception of the provisions of it and losing from transplanting the hearsay evidence rule to other countries and integrating it with other system, it is very significant for Construction of Chinese-style sense of the hearsay rule.China's Criminal Procedure Law about the hearsay rule is not clear that certain provisions of the embodiment of the basic spirit of the hearsay rule, but there is a direct conflict between much content and the hearsay rule. Judicial practice, almost no witnesses, a large number of witness's testimony has been widely adopted; the power imbalance between prosecution and the defense, the defense in court is at a disadvantage. These problems have seriously affected the fairness of criminal trials, the urgent need for the hearsay rule to be effective adjustments. The author believe that the hearsay rule has great vitality to save, support the theory of the existence of the rule should be based on the value contained in the pursuit of criminal proceedings, the trial mode and into the constitutional context. We should multidimensional perspective from hearsay rules of evidence theory; its theoretical foundation is not single, but diverse. They are physical theory of justice, procedural justice, constitutional human rights theory, adversarial structure of litigation theory, litigation efficiency theory. The hearsay rule would not be abolished, and will have been changes and go on.Civil law transplants the Anglo-American law's hearsay rule, there is no unbridgeable gap. The principles of civil law, which follows the direct words, but facts of the case for direct perception must testify in court practice and common law countries of the hearsay r, in essence, no different. Japan's Criminal Procedure Law in the civil law on the basis of drawing on lessons from the common law countries, the relevant system, the principles and language directly linked to the hearsay rule, achieved a historic leap. In this article, the author proofing the need for China to establish gradually the hearsay rule and the feasibility study, based on the hearsay rule in China Construction recommends the following:the hearsay rule have been established with the adversarial procedures suitable background, to set up clear and simple Chinese Type hearsay rules, the hearsay rules and the supporting system.