Research For Character Evidence In Civil Lawsuit

Evidence of character in Civil Lawsuit processes an indispensable postion in the legislation of Anglo-American Law countries,which take the elimination as a principle but take the application as Exception . It is also one Part of Rule of Evidence in Civil Lawsuit in china simultaneously . This rule of evidence of character in the long run of judicial practice and on the basis of series of judgment cases, Anglo-American Law countries formed a set of detailed application rules of evidence of character. Not only in legislation but in judicial practice, which the continental law countries fell behind . Studies for Evidence of character in Civil Lawsuit are deficient as using this evidence of character was abusiveness in China . So it is possible and essential to establish the rule of evidence of character.The positive function of judge was emphasized in civil law ,which was inherited by china legal regime . But even the professional judge is difficult to eliminate the negative influence by the prohibition of the law , once the bad Evidence character was affirmed in their mind. The rule of evidence character can reduced these negative influence exactly. That is: Removing the evidence of character which has reasoning prejudice and moral prejudice .In this way the corruption and pressure of decision will be relaxed and good image of judge could be established.Character evidence rule started in British and American laws,and forming amore detailed application of the rules through the long period of judicial practice. Because this rule is very complex,so when we set up it,we should go on step by step.We must consummate the coordinated sets of measures to make them go smoothly and there is no systematical barrier from establishing the systematical rule of character evidence in china.