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刑事诉讼中采用直接言词原则,形成口头的直接审判,所有证据都通过证人直接呈现于事实的裁判者面前。坚持法官直接发现事实从而使司法程序透明,使法院获得信赖。刑事诉讼证据中的排除传闻规则是为了确保证人证词的可靠性。当诉讼一方在审判中引用证人在庭外的证言作为证据,来证明所提及或指称的事实属实时,这些证言会遭到排除。法律另有规定的情形除外,证人没有出庭所作出的书面证言原则上不能作为定案的依据。证人出庭,确保被告人可以在庭上提出质问,使证言令人信服。
The principle of direct verbalism is used in criminal proceedings to form a verbal direct trial. All evidence is presented directly by witnesses to the fact-based judge. Adhere to the judge directly to find out the facts so that the judicial process is transparent, the court trust. The exclusion of hearsay rules in evidence of criminal proceedings is to ensure the reliability of witness testimony. These testimonies will be excluded when one of the parties in the trial refers to the testimony of the witness outside the court as evidence to prove that the facts mentioned or alleged are real. Except as otherwise provided by law, the written testimony of a witness who fails to appear in court can not, in principle, be used as a basis for finalizing the case. Witness to appear in court to ensure that the defendant can raise questions in court to make the testimony convincing.