On The Character Evidence Rules Of Investigation

Character evidence is one of the most famous problems. Considering the "time consumption" and "jury protection", the common law countries established a general principle that the character evidence is not relevant. That is, a person's character or a specific character (such as violent tendencies) evidence, not consistent with the behavioral tendencies. However, there are exceptions to the principle. In certain circumstances, For different main proceedings, Character evidence rules have also been regulated and proposed differently. Common law countries provide detailed rules to guide the judicial practice. However, China has no any legislative provisions regarding character evidence. As for the victims and witnesses,the use of character evidence is simply no legislative law. In judicial practice the exclusion of evidence of character or mining practices around the letters are also very different, For example, both the defense and prosecution in the "offense" is often made of such "evidence" has proven to one's own favored by the facts of the case, Even the judge also has such "evidence" as the final basis, Such a blanket approach is clearly contrary to the relevance evidence rules. Only lead to a miscarriage of justice. Therefore exploring ways to build our country's character evidence rules will be of great theoretical significance and immediate practical significance.The value of the research is the practical application, Otherwise contrary to the practice of scientific research as a fundamental requirement for life. Based on this, This subject in the article adhere to highlight a main theme and embody three major characteristics specifically:A main line: The first part of the article is the interpretation of the meaning of the character evidence and discusses their characteristics and classification. In the second chapter, the relevance of the evidence is considered as the breakthrough point firstly, and explore the relevance theory, Then propose a standard for judging the relevance.Chapter III is a detailed introduction of the foreign countries, especially common law countries the main proceedings for different use of character evidence rules and exceptions, With a view to provide references for the China's construction .From the beginning of the fourth part analyzes the character evidence about the legislative status quo firstly, Further point out that in our country because of lacking of legislative level which led to the judicial practice in existence with all the implications that the course of justice and efficiency issues, And point out that it is important to build and perfect the character in our country. The final chapter analyzes the essential premise of the constructions, then propose the ideas of building character evidence rules from two aspects-- conviction and the sentence, making a feasibility study as a supplement.Three major characteristics: Firstly, regarding research methods, Sought the relevance principle of the character evidence from two kinds of perspectives such as philosophical and legal views, then through deductive reasoning approach to study the relevance problem. Secondly, regarding research directions to study the sophisticated experience and advanced approach of the law countries,in combination with our country's criminal practice. Finally, regarding the specific construction to adhere to two rules, two exceptions: For bad character evidence, excluding are the rules, and applications are the exceptions; For good character evidence, the applications are the rules, and excluding are the exceptions.