证人庭外的证言以及在法庭上陈述的非亲身经历的事实,通常不能作为法庭认定犯罪事实的依据。传闻证据规则的确立具有深厚的理论基础,其中最主要的是正当程序的理论。我国没有建立传闻证据规则,原因在于观念和机制两方面存在制约。应该在我国建构传闻证据规则,在不损害被告人质证权的前提下,设置例外情况。 The testimony of witnesses outside court and the fact of non-personal experience stated in court usually can not serve as a basis for the court to establish the facts of a crime. The establishment of hearsay evidence rules has a profound theoretical foundation, of which the most important is the theory of due process. Our country does not establish the rules of hearsay, because there are constraints on both the concept and the mechanism. The rules of hearsay should be constructed in our country, and the exception should be set without prejudice to the right of confidentiality of the defendant.