The Primary Explorement Of Establishing Character Evidence Rules In Chinese Criminal Procedural Law

Although these years the academic start focusing on the western rules of character evidence and carry on some beneficial discussions, there are scare of positive investigation and theory on the issues of character evidence which exist in Chinese criminal academic and juridical practice. This text stands on the facts that character evidence has been used in Chinese juridical practice and tries to take a method on positive investigation and theory study. At last it points out the following facts: because the rules of character evidence is short of systematicness and theory direction, there is laws involving the use of character evidence in china, but they are paradoxical between character evidence and legal system; at the same time, for character evidence rules in practice are scare of systematicness and theory direction, so when people use character evidence they are slur and confused even illegal. At the end, author brings up some concrete conceptions on the rules of character evidence in china, on the basis of the fact on reforming Chinese criminal evidence system and benefiting from western evidence legislation.This paper is made of four parts:the first one is introduction, which sketches the studying condition of character evidence in Chinese academic, at the same time the theme is given out.the second is the chapter one. It describes the status quo of character evidence rules by way of scanning the rules in criminal law and investigating juridical practice. Then it points out the key issues, which are the disharmony between the criminal theory and system, the difference between the testimonial principle of character evidence and Chinese testimonial theory, the difficult of establishing character evidence rules, being short of theory research, the lack of importance to character evidence in practice, and so on.The third is chapter two, it introduce the legislation on character evidence in foreign countries and the meaningful inspire which gives us.The fourth is chapter three, this part tells us the legal principles and essential about character evidence rules, furthermore, author puts forward the concrete proposition how to build character evidence rules in Chinese judicature procedure.The fifth is conclusion, indicts present difficulties which exists in character evidence research in china.