英美法系素有所谓“传闻非证据”(Hearsay is no evidence)的说法,即是说根据传闻所形成的证据材料在通常情况下不会被法庭采纳。主要是因为提供传闻证言的证人本身对案件事实并无太多直接的了解,仅仅是对他人所讲述事实的不完全的、非真正意义上的重复。因此,拒绝传闻证据在诉讼中的使用,要求证人必须出庭就其直接感知的案件事实的真实性作证,不仅是现代诉讼中直接、 The common law system of Britain and the United States has the so-called Hearsay is no evidence, which means that evidences based on rumors are not usually accepted by the courts. Mainly because witnesses who provide hearsay testimony themselves do not have much direct knowledge of the facts of the case, merely an incomplete, non-genuine repetition of what others have said. Therefore, rejecting the use of hearsay in litigation requires that witnesses must appear before court to testify on the authenticity of the facts they perceive directly, not only in the direct,