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我国当前刑事庭审中存在着诸多弊端,与传闻证据不受限制的使用非常有关,应当引入刑事传闻规则。这不仅有利于发现案件真实,而且有利于保障被告人接受公正审判的权利,特别是对质询问权,实现程序公正,还有助于完善证据制度,实现诉讼的效率。而且,引入刑事传闻规则还具有来自现行制度及法律实践需求的可行性,所谓中国引入传闻规则不可行的观点是站不住脚的。
There are many drawbacks in the current criminal court trial in our country, which is very related to the unrestricted use of hearsay evidence. Criminal rumor rules should be introduced. This not only helps to find out the truth of the case, but also helps to protect the defendant’s right to a fair trial, especially the right to interrogate and procedural justice. It also helps to improve the evidence system and achieve the efficiency of litigation. Moreover, the introduction of criminal hearsay rules also has the feasibility from the current system and the need of legal practice. It is untenable that the imposition of China’s hearsay rule is not feasible.