The Study Of The Character Evidence Rule

Character evidence rules were originated from Anglo-American case law, and with the development of the society as well as the fusion of two legal systems, Anglo-American law system have begun to regulate character evidence rules with statute laws, which gradually shaped some mature character evidence rules. In China the character evidence rules are scarcely discussed in the law theory horizon, and are in mess during the juridical practice, which doesn't conform to the slogan of building a country controlled by laws. The purpose of this paper is to offer some advice for the litigation of character evidence rules and make it localized considering Chinese judicial environment, after the analysis of Anglo-American character evidence rules.This paper is divided into 4 chapters. In the first chapter the author gives analysis on the definition and the jurisprudence theory of the rule of the character evidence, furthermore, the author analyzes the value of the character evidence; the second chapter is the main body of this paper. The author pays much attention to the inner legal principles of the accused person, and gives comprehensive analyses to the application of character evidence during the conviction; the third chapter is divided into two parts, the first part of which analyses the application rules of the witness's character evidence, and the other part analyses the application rules of the victim; in the forth chapter, the author attempts to give a simple current condition of the character evidence of China, and to construct the character evidence rules of China at the basis of the character evidence discussion of the above chapters.