Discussion on the Hearsay Evidence Rule
Yin Xiao
Abstract
Yin Xiao
Abstract
The feature of the hearsay evidence is,to the stating person,that he doesn't know the facts of the case;but to the litigant,that they can't make the intersecting ask about the hearsay evidence.Two big law systems both make the limited use of the hearsay evidence.British American system thinks that the hearsay evidence will deprive the litigants' rights of the intersecting ask,so they established the hearsay rule.Mainland system thinks that the hearsay evidence violates the rule of direct stating.It's necessary for our country to establish the hearsay rule,solving the problem that witness is absent from the court,putting forward the primary conception.
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The feature of the hearsay evidence is,to the stating person,that he doesn't know the facts of the case;but to the litigant,that they can't make the intersecting ask about the hearsay evidence.Two big law systems both make the limited use of the hearsay evidence.British American system thinks that the hearsay evidence will deprive the litigants' rights of the intersecting ask,so they established the hearsay rule.Mainland system thinks that the hearsay evidence violates the rule of direct stating.It's necessary for our country to establish the hearsay rule,solving the problem that witness is absent from the court,putting forward the primary conception.
Key concepts: Hearsay, Witness, Law, Political science