Dissertation > Excellent graduate degree dissertation topics show

Research on the Hearsay Rule

Author: LiuYingChun
Tutor: ZhouBaoFeng
School: Inner Mongolia University
Course: Procedural Law
Keywords: Hearsay evidence Hearsay rule Procedural justice Human rights
CLC: D915.13
Type: Master's thesis
Year: 2008
Downloads: 227
Quote: 0
Read: Download Dissertation

Abstract


Hearsay evidence is a unique concept of evidence on the Anglo-American law of evidence. It refers to people outside witnesses to testify in the trial or ask expressed or made, presented as evidence to substantiate the fact that it contains a truth orally or in writing of the intention or intentionally or unintentionally Strip a nonverbal behavior intention. Constitute hearsay evidence must have two elements, the statement is formed outside the court; The purpose of the evidence is to prove the authenticity of said content. Its various manifestations, either orally, in writing, can act. The hearsay rule is the code of conduct is generally believed that in addition to the provisions of the law, hearsay evidence is admissible hearsay evidence admissibility. May not be submitted to the court to investigate cross-examination; already presented in court, may not be submitted to the jury as a consultative basis. Such as the U.S. Federal Rules of Evidence 802 provides: \countries hearsay rule, however, the hearsay rule in civil law but undeniable, especially with the written trial system was abolished, direct words universally applicable principles in the trial, which requires the direct perception of the facts of the case must testify in court, this practice of civil law countries and common law countries hearsay rule, in essence, is the same. Japan's Code of Criminal Procedure is absorbed on the basis of civil law, drawing on related systems in the Code of Criminal Procedure of the common law countries, direct verbal contact with the hearsay rule from the meters, the trend showed a compromise. Although some of the provisions of the Code of Criminal Procedure reflects the basic spirit of the hearsay rule, but on the other hand, many of the elements of the Code of Criminal Procedure and the hearsay rule there is a direct conflict. At present, almost no witnesses to testify in the criminal justice practice court written statement. Statement in this court, authenticity can not be guaranteed at the same time, the defendant's right to confront asked it impossible to be implemented effectively, which makes both defense and prosecution imbalance of power, the defense at a disadvantage in court. These problems have seriously affected the fairness of the criminal trial. Before the course of justice in order to solve the above problems, I propose the following solutions: hearsay rule established in our country, we should reform our existing judicial system - the international standard provisions in our Constitution and the Criminal Procedure Law Criminal relevant content; establish a sound in our witnesses, expert witnesses and the police to testify system. Respond to the hearsay rule specific provisions - anecdotal evidence applicable to the range, in the reform of the judicial system in China, the applicable procedures of the exception clause and the hearsay rule.

Related Dissertations

  1. The Transmutation of Farmers’ Human Rights from National Farmers to Social Farmers,A811
  2. Hearsay Rule,D925.2
  3. Commissioned by the administrative penalty system research,D922.1
  4. Issues and improvement of our criminal court witnesses testify,D925.2
  5. On the criminal defendant the right of confrontation,D925.2
  6. Research on Court Hearing in Death-penalty Case Trial of Second Instance,D925.2
  7. Protection and Relief to the Rights of the Prosecuted,D925.2
  8. Marx and Engels Constitutional Thought and Its Contemporary Inspiration,D911
  9. Emergency administrative protection of human rights under the Horizon Research,D922.1
  10. Confirmation and Query of Widely Accepted Stylistic Features of Legal English,H315
  11. Detention Center neutrality study,D631.7
  12. On Criminal Retrial Reasons "New Evidence",D925.2
  13. Perspective of reproductive rights under the family planning policy,C924.21
  14. The Study of Rawls’ Procedural Justice,B82-06
  15. Human Rights Guarantee of the Suspect in Investigation Stage,D925.2
  16. On Perfecting Official Crime Investigation Cooperation Mechanisms,D925.2
  17. The System of Counsel in Pre-Trial Proceedings,D925.2
  18. The Study on the System of Bail Pending with Restricted Liberty of Moving in China,D925.2
  19. Confession rules of,D925.2
  20. Reconstruct of the System of Restraint of Investigative Power in China,D925.2
  21. On the Construction of the System of Relative Silence,D925.2

CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Litigation system > Evidence system
© 2012 www.DissertationTopic.Net  Mobile