The Ban And Exception Of The Defendant Character Evidence Rule In Criminal Proceedings

The character evidence rule of the accused is one part of the rules of characterevidence. Character evidence rule originated in British and American laws. As a kind ofspecial evidence rule in Common-Law System, perhaps it is a good reasoning tool.But it’s also because of the particularity of its reasoning, it’s easy to cause the prejudice.It has more detailed specific rules. and the theory which supporting the rules is morecomplicated. In our country, we often ignore the value of character evidence in theory.In practice, however, is in the use of it.If it’s not standard and chaos to use characterevidence reasoning in the judicial practice, it’s extremely easy to make a mistake case.This article starts from the concept and characteristic of character and characterevidence, then detailed introduces all the special character evidences in the common lawrules. and also discusses theoretical basis of the rules. The author do a lot to analysis thesimilar fact evidence of the inductive reasoning principle which is the theory basis of abad character evidence of the accused. Thus it can regulate the seriousness of thecharacter evidence reasoning, and stop the using of the not appropriate, excessivecharacter reasoning. First of all, the author puts forward to designing the rules aboutcharacter evidence in the legislative layer. The second is in judicial practice the judgeneeds the appropriate use of evidence reasoning. And the correct guidance of two sidesis also necessary. Correct understanding of the reasoning of the character rules is veryimportant.