The Research On Character Evidence

The character evidence in our country only appeared in a handful of law, has not been confirmed its validity. Character evidence refers to the personal character of certain lawsuit participates or a trait of character evidence. As a general rule, character evidence is inadmissible. It cannot be used to prove that the personal behavior is consistent with his character or character traits on special occasions. However, character evidence is closely linked to the facts of the case and some focuses of disputes. It’s valuable to adopt the character evidence in the criminal proceedings.The research on character evidence in China started late. But in recent years, our country also starts to pay attention to the study and comparison of character evidence, thus there is some possibility that the character evidence can be used in criminal litigation in our country. China’s legislation and judicial practice still don’t pay enough attention to character evidence. Considering the importance of the character evidence in the criminal litigation proof system, we should strengthen the study on it. According to the actual situation of criminal suit of our country, when we make use of the character evidence, we should follow the guide of the legislation to improve criminal justice system of our country.The first part mainly talks about the rule of character evidence theory. Firstly it introduces the concept of character evidence. To define the character evidence must firstly determine character connotation. Countries of Anglo-American law system give a generalized definition and narrow definition on character, while Chinese scholars also have different point of view on the character connotation. Based on the analysis of the character connotation, this paper presents the concept of character evidence. At the same time, it gives the introduction of the character evidence classification and characteristics. According to demonstrate content, subject of litigation, moral standards and relationship of facts, character evidence can be divided into four. Finally, it briefly discusses the theoretical foundation of character evidence. In the second part, it mainly talks about the character evidence rules in common law countries. After making the character evidence admissibility principles clearly, it gives the detailed introduction on character evidence rules according to the different main proceedings.The third part introduces the legislative and judicial situation on character evidence in our country. Then we can find the problems and defects on character evidence legislation.The last part mainly talks about how to construct the character evidence rules of our country. Above all, it gives the analysis on the difficulties of the use of character evidence in our country. And next, it talks about how to construct character evidence rules in our country; meanwhile, it makes further discussion on the system problem of establishment of character evidence rules.