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传闻证据的采纳不利于保障诉讼当事人,尤其是不利于被告人诉讼权利的落实。排除传闻成为了大多数法治国家的做法,我国拟引入传闻证据规则也成为了共识,本文就如何根据中国的实际情况构建传闻证据规则这一问题作些探析,为证据立法提供一些启发性的建言。
The adoption of hearsay evidence is not conducive to the protection of litigants, in particular, is not conducive to the implementation of the defendant’s litigation rights. Exclusion rumors become the practice of most countries under the rule of law. It is also a consensus in our country that the rules of hearsay should be introduced. This article provides some suggestions on how to build the rules of hearsay according to China’s actual conditions and provides some inspiring suggestions for evidence legislation .