明晰传闻证据的概念和范围是传闻规则正确适用的前提。传闻是用于证明陈述所主张的事实真实性的审判外陈述,其依据不同标准,可以划分为不同类型。传闻证据与传来证据有区别,二者应当是交集的关系。传闻原则上不具有证据能力,除非符合传闻规则的例外情形;符合例外情形的传闻的证明力的认定,与其他证据无异。 Clearly the concept and scope of hearsay evidence is a prerequisite for the correct application of the hearsay rules. Rumor is an extrajudicial statement used to prove the truth of the truth claimed and can be divided into different types based on different criteria. There is a difference between the hearsay evidence and the evidence that came, and the two should be the intersection relationship. Rumor does not, in principle, have the power of evidence unless it meets the exception of hearsay rules; the ruling of proof of conformity to an exception is no different from other evidence.