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The Research on the Regulation and Localization of Character Evidence

Author: LiJingFang
Tutor: JiangZhiGang
School: Hunan University
Course: Criminal Law
Keywords: Character evidence Character evidence rules Building
CLC: D915.3
Type: Master's thesis
Year: 2009
Downloads: 156
Quote: 4
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Abstract


Character evidence can prove that some litigation involved in the person 's character or character characterized by evidence and inferences to act in accordance with its character evidence . Manifests itself in three forms: the reputation of the evidence , opinion evidence , and evidence of specific acts . Character evidence itself has a strong moral meaning , is very likely to lead to the fact that the decision-maker to produce unfair prejudice , and thus the general character evidence is excluded . Character evidence as a special form of evidence , and the facts of the case or other controversial matters association has some probative value is an indisputable fact . To minimize the risk of potential character evidence at the same time and give full play to prove the role of character evidence , the Anglo-American law of evidence in the long judicial practice, the process of the formation of character evidence rules . Depending on the subject of litigation , the character evidence rules can be divided into the rules of evidence of the accused's character , character evidence of the victim's rule rule character evidence and witnesses . Although our law does not specify character evidence , but in some bar or judicial interpretation of the law , there are tactful embodies the character evidence in judicial practice has also been widely used . Concrete application of these laws and practice building our character evidence rules provide a valuable experience . And with the institutional reform of China 's Criminal , build character evidence rule does not exist in our system disorder . China should first be clearly defined in legislation the concept of character evidence , in the form as well as a wide , generally speaking , we should allow the inference of good character evidence ; evidence of bad character , we should be the principle to exclude , to adopt such an exception , and on adoption of regulations strict rules . While giving judges discretion appropriate . Secondly, the distinction between the different subject of litigation from the defendant and the victim as well as witnesses three aspects to build our character evidence rules . Finally , the establishment of character evidence need to improve some of the related systems : procedural sanctions regime , integrity survey system , witnesses testify in court system and civil credit mechanism system .

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CLC: > Political, legal > Legal > UNIVERSITY > Procedural Law > Code of Criminal Procedure
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