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The Study Of The Character Evidence Rule

Posted on:2011-03-27Degree:MasterType:Thesis
Country:ChinaCandidate:H CuiFull Text:PDF
GTID:2206330335998688Subject:Law
Abstract/Summary:PDF Full Text Request
Character evidence is a sort of evidence that proves particular character of criminal litigation participants. Originat耳朵in western countries, character evidence has been widely used in a large scale, relevant theories and research have also rapidly developed.However, due to various limiting factors, there are no such explicit laws regulating character evidence in China.Dividing in different bodies, character evidence could be consisted of three kinds defendant's, victim's and witness's. Ordinarily speaking, character evidence can't be admitted because of its intensely moral meaning, which would easily caused unfair treatment or juridical prejudice. On the other hand, it's beyond all doubt that character evidence shows significant values in proving some certain aspects of the case. In order to reduce the risk of using character evidence and fully display the proof functions, it's necessary to form a sery of rules in criminal litigation procedures.Despite of the absence of laws, character evidence has been using in juvenile criminal defendants. Meanwhile, such rules have been promulgated by the supreme court. All of these have provided precious experiences to establish character evidence system. Moreover, along with the reforming process of the criminal prosecution system, there are no longer any barris他er for forming Chinese character evidence system. The following essay tries to focus on the construction of character evidence in modern criminal litigation. Chapter one introduces the conception of character evidence, and Chapter two talks about the the content of character evidence.In Chapter three,the author wants to enclose the main issue of this essay, focusing on the necessary and possibility of establishing character evidence.To draw a conclusion, Chapter four gives the answers to specific questions.
Keywords/Search Tags:Character evidence, Character evidence rules, Establishing
PDF Full Text Request
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