传闻法则确立于17世纪末期,其基本原理在于保证真实的发现。基于这一原理,不影响真实发现的传闻作为例外具有可采性;同时,有些对于确定事实而言确属必要的传闻,基于必要性原理具有可采性;另外,传统上通常被认为可信度比较高的传闻,作为“传闻的豁免”也具有可采性。传闻排除法则的规则如此精细,以致几乎每一个规则、每一个例外均有相应的理论支撑。尽管如此,传闻法则在理论上仍然受到批评,在实践中则有限制适用之趋势。我国理论界由于对传闻法则之精致程度认识不够,导致有关传闻法则移植的讨论仍嫌肤浅。因此,详尽、深入地了解该规则及其背后的原理,应是当前理论界努力的基本方向,也是移植该规则的知识前提。 Rumors rule was established in the late 17th century, the basic principle is to ensure that the real discovery. Based on this principle, anecdotes that do not affect real findings are recoverable as an exception; at the same time, some rumors, which are necessary for determining facts, are admissible based on the principle of necessity; in addition, they are traditionally regarded as credible The relatively high degree of rumor, as “rumor exemption ” is also admissible. The rule of rumor exclusion is so elaborate that almost every rule and every exception has a corresponding theoretical support. In spite of this, the hearsay law is still theoretically criticized, and in practice there is a tendency to limit its application. Due to the lack of understanding of the exquisiteness of the hearsay principle, the theoretical circles in our country are still not superficial enough to discuss the transplantation of hearsay. Therefore, a thorough and in-depth understanding of the rules and the principles behind them should be the basic direction of the current efforts of theorists and also the prerequisite for the transplantation of the rules.