The Research On The Regulation And Localization Of Character Evidence

Character evidence is to prove litigation participator's character or the characteristic of character, and then deduce that the people all acts conformity therewith on a particular occasion. In ordinary circumstances character evidence is not admissible because it has the intensely moral meaning, possibly causes the fact ruler to have the unfair prejudice. But it is not doubted that character evidence is a sort of special evidence and it has relevancy with the fact of case and probative value. In order to reduce the risk as far as possible which character evidence possibly brings and fully display the proof functions of character evidence, the Anglo-American evidence law has formed a series of character evidence rule during the long-term judicial practice process. According to different litigation participator, character evidence may divides into character of accused, character of victim, character of witness.There are no explicit laws about character evidence in China, but it has tactful manifesting in certain legal articles or judicial interpretation. Meanwhile character evidence obtains the widespread applications in the judicial practice. These legal rule and concrete utilization have provided the precious experience for establishing the systematical evidence rule of character. Moreover, along with the reform of criminal prosecution system in our country, there is no systematical barrier from establishing the systematical rule of character evidence in our criminal trial. To be specific, firstly, our country should explicitly stipulate the concept, the form and the type of character evidence in the legislation. Generally speaking, we should allow carrying on the deduction about good character evidence; regarding bad character evidence, we must take the exclusion as the principle and take the adoption as an exception and stipulate strict rules for adoption. We also should entrust suitable discretion with the judge. Secondly, we should construct our country's character evidence rule separately according to the different litigation participator. Finally, we should consummate a series of systems that is relevant to the character evidence: the system of procedural sanction, the investigation system of character evidence, the system of availability and citizen credit machine-made system.