Research On Rules Of Criminal Character Evidence

Character evidence rules were originated from the common law system. A mature system of the rules of the adoption and use of the character evidence has developed through a long-term practice. In Anglo-American legal system, the character evidence rules are used to avoid the bad influence of the prejudice in the progress of fact finding. In Chinese criminal judicial system the character evidence rules have not been prescribed, but they are used not only in the convicting procedure but also in the sentencing procedure. This paper is to analyze the character evidence rules in the common law system, and to give a useful proposal based on the adoption of the useful experience from foreign countries and the attention of the local judicial legal system.This paper is divided into four chapters:Chapter1is about the definition and theory of the character evidence rules. The value of the character evidence is followed.Chapter2is the most important part of this paper. The author gives a definition to the character evidence and analyzes the exclusionary rules of the criminal defendant character evidence which are the main part of the character evidence rules.Chapter3is about other part of the character evidence rules:The character evidence rules of the criminal victim and witness. The author gives a systematic introduction from the prospect of the ordinary rules and exceptional rules.In Chapter4, the author analyzes the practice of the use of the character evidence rules. The author also gives a proposal on the basis of the adoption of the useful experience from the Anglo-American system.