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2003年,因应刑事诉讼当事人主义化的改革,台湾地区修正并增补了其“刑事诉讼法”第一百五十九条,明确引入传闻规则。该规则的引入在台湾法学界引起了广泛的论争,实务部门对此也态度不一,反映了立法和实践的背离。通过对刑事传闻证据规则引入台湾地区后理论和实务界的一系列反馈进行分析,建议大陆在刑事书面言词证据的效力规范上,应吸取台湾地区的教训,做到规范体系化、标准明晰化、制度配套化。
In 2003, in response to the reformist party in criminal proceedings, Taiwan amended and added Article 159 of its “Code of Criminal Procedure” and explicitly introduced the hearsay rules. The introduction of this rule has aroused widespread controversy in Taiwan’s jurisprudence. The substantive departments also have different attitudes toward this, which reflects the deviation of legislation and practice. Through the analysis of a series of feedbacks from theoretical and practical circles after the introduction of rules of criminal hearsay in Taiwan, it is suggested that mainland should draw lessons from Taiwan in order to regulate norms and standardize the validity of criminal written testimony. System supporting.