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近几十年来,美国证据法传闻证据规则的适用出现了宽松化的现象。学术界对传闻证据规则的正当性展开了批评;立法者采用了相对宽泛的兜底传闻例外规则;美国司法实践中在非庭审程序大量采纳传闻证据。这些现象引发了一个判断:美国传闻证据规则在消亡。但是这个判断仅仅看到美国传闻证据规则适用的宽松化现象,没有看到其严格的限定条件。当前,交叉询问仍然是美国证据法下验证证据可信性的根本方法,而交叉询问要求证人必须出庭作证,因此传闻证据规则虽然在适用上存在宽松化的表现,但它仍然是美国证据法的基本规则。
In recent decades, the application of the hearsay evidence rules of the United States Evidence Act has loosened. Academics have criticized the legitimacy of hearsay rules; legislators have adopted a relatively wide range of anecdotal exceptions; and American judicial practice has largely adopted anecdotal evidence in non-court proceedings. These phenomena have triggered a judgment: the rules of the hearsay in the United States are vanishing. However, this judgment only saw the easing applied to the rules of hearsay in the United States and did not see its strict qualification. At present, cross-examination is still the basic method of verifying the credibility of evidence under American evidence law. Cross-examination requires that witnesses must appear in court to testify. Therefore, although the rules of hearsay evidence are relaxed in application, they are still the evidence law of the United States basic rules.