Character Evidence Rules Study And System Build

Character evidences are to prove the characters or the features of some participants in the proceedings, and thus to infer evidences of acting in accordance with his characters. According to the form of his performance, it can be divided into reputation evidences, opinion evidences and instances of specific acts. According to the contents of the evidences, it can be divided into behavioral history, reputation and characters. According to the subjects, it can be divided into the defendant's character evidences, the victim's character evidences, witnesses'character evidences and other people's. According to the moral evaluations, it can be divided into good and bad character evidences. According to the links between character evidences and the facts of the case, it can be divided into the substantive elements and immaterial elements. The features of character evidences include subjectivity, limited value to prove and prejudice. The theory of character evidences is based mainly on the theory of relevance of evidences and cross examination and witness'credibility system.In the criminal trial of Anglo-American Legal System, the relevance of the defendant's good character evidences has a dual features, which is not only relevant to the defendant's credibility, but also to whether the defendant carried out its alleged crime. Continental Legal System avoided the focus on whether the testimony is evident and the proof of the testimony, which is adopted by the common law. In most cases, the professional judges recognize the facts of the case after they read most of the materials except some deregulated materials.The rule of character evidences is to fully protect the rights of defendants to achieve the balance between the prosecutor and the defendant, and the legitimate rights of the parts involved, it is also an important mark of judicial civilization. Of course, he theory of character evidences is a double-edged blade more than the favor of the defendants in order to maintain this balance. The rule of character evidences helps to correctly sentence in order to achieve judicial treatments according to specific needs.Criminal Procedure in China is also accordance to the character evidences when it is pursuing the truth, while the common law is established on the pursuit of truth too. In fact the establishment of any rules of evidence is to find the truth, in other words, it is to find the truth in a fairer and more efficient way. From the other point of view, the establishment of character evidences is not contrast to the criminal procedures, otherwise it is very correspond. Therefore, there are no institutional barriers during China's establishment of character evidences.China should clearly define the rules of character evidences in legislation, such as accused persons, victims and the use and judgment of character evidences. We should also offer institutional guarantee for the healthy operation of the character evidences by establishing the procedural sanctions, the investigation system of characters and the goodness of defendants in court.