Research On The Identification Of Hearsay Evidence In Civil Litigation In China

China's civil procedure law does not establish hearsay evidence and hearsay evidence rules.The complexity of hearsay evidence identification causes different criteria for judging hearsay evidence in judicial practice.However,a large number of hearsay evidence has emerged in China's civil trial judicial practice.If a unified identification standard is not established,the fairness of case judgment may be affected to a great extent.Based on the identification of hearsay evidence,this paper selects typical cases of hearsay evidence,sorts out and summarizes the hearsay evidence forms in judicial practice,sorts out the conceptual characteristics of hearsay and hearsay evidence,draws the conclusion that the manifestation of hearsay evidence does not affect the identification of hearsay evidence,and on this basis expounds the transformation of hearsay to hearsay evidence.In the typical cases selected in the article,the adoption of hearsay evidence in the people's court is summarized.It is found that the reasons for the adoption of hearsay evidence in the people's court are unified,while the reasons for the non-adoption of hearsay evidence are not unified.Based on this analysis,it is concluded that the low attendance rate of witnesses in our country,the difficulty in confirming the authenticity of hearsay evidence itself,and the lack of exception rules for the adoption of hearsay evidence in the current system are the three main factors that affect the identification of hearsay evidence.Based on the above,the article concludes that hearsay certificate should be established in civil litigation in our country.