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Research On The Mechanism Of Effect Of Character Evidence Rule

Posted on:2021-05-29Degree:DoctorType:Dissertation
Country:ChinaCandidate:N Y XuFull Text:PDF
GTID:1366330623977156Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Ethical character and psychological personality provide a conceptual basis for the character of the field of judicial proof.The rules of character evidence mainly face three problems.First,there is uncertainty in character,which is mainly reflected in three aspects of character,including propensity,morality,and intersubjectivity.When used to proof behavior,character shows a certain degree of propensity;character is morally non-neutral,including good character and bad character;according to the interpersonal concept of character,character is established on the basic of the evaluation of the primary agent's behavior by the secondary agent.Second,there is complexity in the identification of character evidence.The complexity of identification of character evidence is embodied in two main situations:identification of specific acts evidence for character purpose and non-character purposes which based on character inference;identification of character evidence and habit evidence based on moral attributes.Third,the use of character evidence is also dangerous,which may generate unfair bias and additional litigation costs.Under the system of divinity evidence,the seed of character evidence first appeared;under the system of statutory evidence,character evidence was formally formed,and character evidence was freely adopted;under the system of free proof,character evidence exclusionary rule and its exceptions was established,and its exceptions were gradually added during the development of the system of free proof.In this process,the judicial use of character evidence has continued to rationalize.Political,economic,and cultural changes have laid the social foundation for the evolution of character evidence.The evolutionary history of character evidence fully reflects the regulatory orientation of encouraging the adoption of evidence and the regulatory attitude of prudent exclusion of character evidence.The behavioral predictive value of character evidence provides a valid reason for adopting character evidence.The motivational objects of the character evidence rules include litigation behavior and social behavior.First,from the perspective of the inherent goals of the rules of character evidence,the rules of character evidence have an incentive effect on litigation,which is mainly reflected in the role of promoting truth discovery.Based on the epistemological basis of selfless belief limit in BAF~*,the exclusionary rules of character evidence help to enhance the accuracy of fact finding.Character inference is a process from behavior to character to behavior,which includes inductive reasoning and abductive reasoning.The exceptions of the exclusionary rules of character evidence helps to enhance the accuracy of factual determination.The character evidence rules have an incentive effect on litigation behaviors,which are mainly reflected in three aspects:advancing the maximum individual test,strengthening the witness credibility test,and eliminating discrimination of female victims.However,at the same time,the rule of character evidence may also have an inhibitory effect on litigation,which is mainly reflected in the three aspects of restraining the enthusiasm of witnesses to testify in the court,solidifying the behavioral paradigm of rape defendants,and strengthening the danger of narration.Second,from the perspective of the external goals of the rules of character evidence,the rules of character evidence are designed to shape social behavior and have an incentive effect on social behavior.In terms of incentive methods,the character evidence rule optimizes behaviors through cost control methods,and forms dynamic incentives through repeated game methods,which in turn play an incentive role on social behavior.The motivating effect of the rules of character evidence on social behavior is mainly reflected in the three levels of deterring illegal behaviors,promoting social integrity and encouraging gender equality.At present,there is no rule of character evidence in China,but character evidence is often used for conviction and impeachment in judicial practice.From the perspective of the cause of the litigation system,there are unreasonable rules of direct-examination and cross-examination in China,insufficient protection of the rights of victims in cases of sexual assault,lack of relative independence of conviction and sentencing certificates,which has led to the long-term lack of character evidence rules in China.The lack of character evidence rules in China also has a series of negative effects at the social level,mainly reflected in restricting the generation of modern society's honesty culture,weakening the awareness of women's behavioral prejudice,and hindering the functional positioning of illegal criminal records.Based on the legislative outlook of the rule of character evidence in China,the establishment of the rule of character evidence in China will have a direct incentive effect on the honest testimony of witnesses,and an indirect incentive effect on the construction of honest society.At the same time,however,the possible restraining effect of the rules of character evidence on witnesses'testimony should be prevented.
Keywords/Search Tags:character evidence, exclusion of evidence, admission of evidence, litigation behavior, social behavior, incentive effect, the construction of honest society
PDF Full Text Request
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