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Research on Hearsay Evidence Rules of China
Author: ChenLuChuan
Tutor: JiangZhiGang
School: Hunan University
Course: Criminal Law
Keywords: Hearsay evidence Hearsay rule Structuring
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 86
Quote: 0
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Abstract
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The hearsay rule originated in the United Kingdom is the original creation of the British common law adversary adversary system survive soil hearsay rule , witness centrism of the jury system and the hearsay rule is also closely related , it required an oath and cross-examination that highlights the presence of a theater-style criminal justice . Hearsay evidence in complex theoretical concept until 1974 after the emergence of the United States, \Hearsay evidence is used as evidence to prove the truth of the matters pending card statement , but it is not the declarant while testifying at the trial or hearing the statements made . Hearsay evidence in the main body of the broad , inverse judicial and identified links rigor three characteristics. Hearsay rule based on hearsay evidence exclusion rules and exceptions as the core , the grand system of adversary litigation mode with the adversarial system formed by a series of complementary measures . Principle of hearsay evidence should be excluded , unless there is an exception . Meanwhile, we should be clear , anecdotal evidence , and our evidence came not only differences of the hearsay rule and the Anglo-American principles of civil law direct words have contact . The hearsay rule evolution to the common law countries asymptotic developed performance to exclude exceptional expand . Based on the trend of Two Schools evidence system in the same spiritual core and after World War II the globalization of law , civil law countries have to introduce hearsay rule concept and improve the relevant system . China in the last century, after the reform and opening up the dramatic transformation of the social and legal modifications of the Code of Criminal Procedure of 1996 goal is to \sudden turn and whom to cast a shadow layer is not expected . In this process , the hearsay rule should have a choice , based on considerations of the necessity and feasibility of the hearsay rule , China should build perfect evidence of legislative process hearsay evidence exclusion principle , complemented by exception rules and improve the supporting system .
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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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