Study On The Criminial Defendant Character Evidence

The content of this article is to research the influence of the defendant character evidence during the conviction and sentencing, the research methods of this article are comparison and case Analysis, deriving the deep legal basis of the Legislation through the comparative Analysis between relevant provisions of the Common Law and the Civil Law. By the basis of the In-depth analysis to the state of study this article has researched the rules of the defendant character evidence.Due to probative value of the defendant character evidence, easy lead to recognizing bias, bring down the effectiveness of the proceedings, and so on. The rules of the defendant character evidence are exclusionary rules whether in the Common law countries or the Civil Law countries. However principles mean exceptions, the value of the defendant character evidence embodies during the exclusionary rules. Firstly, come to the conclusions that there are significant influences of the defendant character evidence during the conviction, the influence to the conviction of the defendant character mainly performances can proof the facts of the elements of the crimes, and the other criminal facts(motivation, opportunity, purpose, and so on.). Secondly, come to the conclusions that there are significant influences of the defendant character evidence during the sentencing, which can reflect the dangerousness of the defendant, which influence the sentencing, discretion of the judge during the sentencing links. During the Chinese judicial practice and legislative theory, the study of the defendant character evidence has a late starts, there are a lot of flaws and deficiencies In theory and the practice, so on the basis of drawing upon the relevant other countries'defendant character evidence theory, put ting forward a number of recommendations adapting our judicial practices, Including detailed provisions for repeat offenders, limiting the discretion of the judge and the introduction of the U.S. sentencing guidelines and so on.