Character Factors In The Confirming Of Crimes

In ordinary circumstances, character evidence is not admissible because it has the intensely moral meaning, and possibly causes the fact ruler to have the unfair prejudice. But it is not doubted that character evidence is a sort of special evidence and it has relevancy with the fact of case and probative value. For this reason, how to use character evidence to avoid moral meaning and achieve its value is one of the biggest difficults in this area.Unlike the Anglo-America countries, there is no systematical evidence rule of character in China, however, we can still find lots of provisions in Criminal Law, the Law of Criminal Procedure and others. Meanwhile, in juridical practice, character evidence is also frequently used. However, due to the legal tradition and the absence of legislation, the role of character evidence in the crime confirming is very hard to systematicly summarized. This paper attempts to analyze in the following structure:Chapter Ⅱ firstly introduces the connotation of the character, combined with the traditions and habits of the Chinese society, inculding character’s meaning in Chinese and legal connotation. Then the classification of character evidence to different criteria is introduced as well as the content of elimination rules of character evidence and its theoretical basis.Chapter Ⅲ introduces two aspects of character, good character and bad character, which includces their specific eamples and the general elimination rules. At the same time, based on the introduction of the relevant provisions of the common law, combined with China’s present situation, specification recommends are proposed.The fourth chapter is the use of good character evidence in commission of crimes by minors. This is determined by the nature of the case and the litigant’s own reason in special circumstances.In chapter Ⅴ, the bad character in the confirming of sexual crimes is analyzed. Because sex crime case itself has lots of differences form other crimes, in the process of character factors has a clear difference with other criminal offenses. To this reason, the Chapter as a separatechapter is devoted to the character factor in sexual crimes.