Comparative Study on the Admissibility of Out-of-Court Testimony in Criminal Proceedings across Taiwan Strait——From the Perspective of the Relationship of Hearsay Rule and Right to Confrontation

The hearsay rule was introduced to Taiwan in 2003, and the out-of-court testimony was excluded by the rule. However, the out-of-court testimony was still admitted in Mainland China, thus causing low-rate court attendance and reducing the right of confrontation. Relating to the testimony, the confession of correspondent is the most complicated issue. The evidence character and admissibility of correspondent's confession is not explicit. On the contrary, with a series of amendments to criminal procedure law and constitutional Interpretation, one correspondent is regarded as a witness in others'trial in Taiwan. The legislative experience and the history of judicial decisions during decade of years in Taiwan can be referred for Mainland China. At last, the author made a clarification between hearsay rule and the right of confrontation. When there are conflicts between the two, constitutional rights are prior. The hearsay exception should be checked by confrontation exception, otherwise the admissibility of evidence may be excluded.