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我国没有传闻证据的概念,但依英美法系对传闻证据之定义,传闻证据在我国司法审判实践中大量存在且未被合理排除。我国的民事诉讼法律完全认可传闻证据的证据能力,而对其证明力的规定十分简单粗疏,缺乏可操作性。由此导致证人出庭少,传闻证据泛滥,法官断案难度大,错案大量发生。制度与现实的矛盾所凸现出来的是司法的窘境。传闻证据必须得到合理排除,解决的办法是构建符合中国国情的传闻证据规则。
There is no concept of hearsay evidence in our country. However, according to the definition of hearsay evidence in the Anglo-American legal system, the hearsay evidence exists in a large number in the judicial trial of our country and has not been ruled out reasonably. The civil procedural law of our country fully endorses the evidential power of hearsay evidence, and the stipulation of its proof power is very simple and concise, and lacks maneuverability. As a result, witnesses rarely appear in court, there is a proliferation of hearsay evidence, and it is very difficult for the judge to break the case and a large number of wrong cases occur. The contradiction between the system and the reality is what emerges from the dilemma of justice. Hearsay evidence must be reasonably excluded, and the solution is to construct a hearsay rule that is in line with China’s national conditions.