传闻证据规则被认为是英美证据法的核心和灵魂,它直接排除可信性值得怀疑的传闻证据,确保当事人的对质询问权。针对我国刑事诉讼证人出庭率不高、庭审形式化等严重问题,很多学者主张引入传闻证据规则予以解决。但传闻证据规则是英美法系的产物,有其独特的诉讼制度、诉讼文化作支撑,对于这些方面和大陆法系较为接近的中国来说,尚不具备引入传闻证据规则的条件。 The hearsay rule is considered to be the core and soul of the Anglo-American evidence law, which directly excludes suspicious hearsay evidence of credibility and ensures the parties’ right to ask questions. Aiming at the serious problems such as the low attendance rate of court witnesses in our country and the formalization of court trial, many scholars advocate the introduction of hearsay rules to solve them. But the hearsay rules of evidence are the product of Anglo-American legal system. With its unique litigation system and litigation culture, China is not yet ready to introduce the rules of hearsay evidence for these aspects that are closer to the civil law system.