傳聞證據에 對한 若干의 考察 = some considerations on Hearsay evidence

다국어 초록 (Multilingual Abstract)

Hearsay evidence means the evidence that has not test as any cross examination by party interested. This is brought out from the Anglo-American legal system and is not recognized for evidence ability in principle.
This is called Hearsay rule. The base which is recognized of Hearsay rule lies in getting possession of cross examination. In this case of extension which Hearsay rule is applied, I think it to be limited as Hearsay statement and documentary evidence. But there are some exceptions to the rule. The compositive condition of this exceptions, as it is, when they are composed of circumstantial guarantee of truthworthiness and necessity, However they are Hearsay evidence, they are able to adopt a legal evidence.
In this treatise, I introduce some examples of Anglo-American legal systems' exceptions and the code of our criminal procedures' one.
Consequently, it is a great problem how to harmony in explanation between the legal system of Anglo-American and ours which differ from each other, that is, they are primely different in the point of legal procedure.

목차 (Table of Contents)

• 1. 傳聞證據의 意義
• 2. 傳聞法則의 發展過程
• 3. 傳聞法則의 理論的 根據
• 4. 傳聞法則의 適用範圍
• 5. 傳聞法則의 例外
• ① 信用性의 情況的 保障
• ② 必要性
• ③ 現行 刑事訴訟法上의 傳聞法則의 例外
• ④ 任意性의 調査
• ⑤ 英美法上의 例外의 事例
• 6. 證據로 함에 對한 同意
• 7. 關聯問題의 檢討
• ① 情況證據
• ② 彈刻證據
• 8. 結 語