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为了继续我国司法改革的进程,实现司法公正的实体价值、程序公正的程序价值,便于法官在此基础做出准确的裁判,在我国设立传闻证据规则意义重大,而且我国目前也己经具备了设立传闻证据规则的各方面条件。本文建议以西方传闻证据规则为蓝本,确立以“原则加例外”辅之以配套措施的立法模式,构建与我国基本国情相适应的传闻证据规则。
In order to continue the process of judicial reform in our country, to realize the substantive value of justice and the procedural value of procedural justice, it is convenient for the judge to make an accurate judgment on this basis. It is of great significance to establish the rules of hearsay evidence in our country, and our country now has its own establishment Hearsay evidence of all aspects of the rules. This paper suggests that the Western hearsay evidence should be modeled on the principle of establishing a legislative model supplemented by the “principle plus the exception” supplemented by supporting measures to establish a hearsay rule appropriate to China’s basic national conditions.