Researching Chracter Evidence Rules In Chinesecriminal Procedural

Character evidence is to prove a person's character and personality tendencies. It originated in British and American laws; it is the most distinctive rules of British and American evidence laws. Its generation, development, and operation have the unique law, it requests that the legislators draw up different rules for different participants. It is worth for learning from, that this will not only realize the probative value of evidence, but also can avoid the risks effectively. With the voice of enacting evidence code rising, character evidence rules, as the basic rules of British and American evidence law, began to be paid more attention by theorists, and experts and scholars have already done some research. Author brings up some concrete conceptions on the rules of character evidence, based on drawing on theoretical and legislative provisions of foreign countries, analyzing Chinese criminal legislation and judicial status.This paper is made of seven parts:The first on is introduction, the theme is given out, by comparing blameless legislation and successful judicial practice in British and American law with the status of superficial theory, vacant legislation and disordered judicial application in china.The second is the chapter one, in this chapter author introduces the concept of character evidence,analyzes and demonstrates the standard of correlation, summarizes the function of character evidence.The third is chapter two, it comprehensively describes the legislative rules in Britain and American in this chapter.The fourth is chapter three, it generalizes the advantages and disadvantages of character evidence. Its advantages focus on the special protection of defendant, keeping balance between prosecution and defense, and realizing individualization of punishment. Disadvantages are that it naturally carries a subjective bias which may lead to miscarriage of justice; delays in the proceedings waste the judicial resources; strikes the enthusiasm of witness.The fifth is chapter four, author scans Chinese existing regulations and the judicial status, then in-depth analyze the reasons of many problems of character evidence in china. Because of not enough theoretical research and differences of legal system, standards of proof, legal traditions between china and western countries, there are problems of this evidence.The sixth is chapter five, it shows the need to establish in our country, that the discussion about theoretical and practical basis of establishing the rules of character evidence. On this basis, the specific ideas about rules of character evidence and the system reform program are brought up.The seventh is conclusion, it is imperative to establish rules of character evidence, but it is not easy, and in practice we still face many difficulties.