摘要
传闻证据规则是以证据资格为核心的规范体系,直接言词原则是以审理行为为核心的准则要求,不是相互衔接包容的同一路径。由于传闻证据规则与我国民事诉讼程序理论与实践缺乏契合性,即使引入传闻证据规则的规范内容,也不能改变我国以诉讼行为要求为证据运用基本内容的制度特色。在书面证言问题的处理上,只能基于大陆法系的传统采用直接言词原则,在该原则的指导下形成一整套原则和例外的具体制度体系。
The rule of hearsay evidence is based on the qualification of evidence as the core of the normative system, while the principle of direct trail and verbal trail is heard as the core of the code of conduct requirements, they are not the same path linking up and containing mutually. Due to the rule of hearsay evidence, and our country＇ s civil procedure theory and concerning practice are short of the conjunction nature, even if we introduce the normative content of the rule of hearsay evidence, it still cannot change the characteristics of our system in our country which requires the act use for the evidence. In dealing with the written testimony, we can only use the principle of direct trail and verbal trail based on civil law system, and under the guidance of the said principle, we may develop a set of principles and the exception of specific institutions and systems.
出处
《法律科学（西北政法大学学报）》
CSSCI
北大核心
2012年第4期139-145,共7页
Science of Law：Journal of Northwest University of Political Science and Law
关键词
书面证言
传闻证据
直接言词
written testimony
hearsay evidence
direct trail and verbal trail
