The Research On The Character Evidence Of Witness

Character evidence is used to prove the character of some of the participants in the proceedings of criminal lawsuit, and thus concluded that tend to act according to own certain character evidence. According to different standards, character evidence has three main categories:on the basis of form, divided into fame, comments and specific behavior instance; On the basis of moral evaluation, it can be divided into good character and bad character evidence; On the basis of litigation subject, can be divided into character evidence, character evidence the defendant and the victim character witness evidence. In Anglo-American countries, the use of character evidence for convicting has extremely important significance, but at the same time it still has some negative effects, such as misled jury and violate the privacy rights of participants in the proceedings, a waste of judicial resources, etc. This article only as witness’s character evidence to study object:first of all, on the basis of interpreting the fundamental theory of the character and character evidence, Analysis the correlation of witness’s character evidence. Secondly, to introduce British and American systems mature rules system, and complement each other through the study. Thirdly, based on the reality in our country, summarizes existing problems; Fourthly, according to the criminal procedure law amendment of the witnesses to appear in court system to further improve, discusses our country to construct the witness ’advantage of character evidence rules. Finally, put forward some views and suggestions about the building of witness’s character evidence rules, in order to build the system in our country make contribution to the character evidence rule of witness.Specifically, this article altogether consists of seven parts: The first part is introduction, in the criminal procedure law amendment of simple introduction of the witnesses to appear in court system, points out that our country builds the witness is urgency and advantage of character evidence rules, which leads to below.The second part is the basic theory of character evidence, this part introduces the character and the character evidence of basic knowledge, including the concept of character and character evidence, character evidence of evidence classification and correlation theory in this paper, the character evidence, and witnesses the correlation analysis.The third part is the American and British witness character evidence rules of legislation and applicable, Britain and the United States different witnesses was introduced in detail and the rule of character evidence rules to run the system foundation, finally on the basis of insist on objective and fair, comment on American and British witness the character evidence rule, points out the problems requiring attention in the process of drawing in our country.The fourth part is the witness of character evidence in our country present situation and problems, this part introduces the legislation about the witness character evidence in China, theoretical research and judicial practice, and analyses the existing problems, and finally called for attaches great importance to the construction of this system of rules.The fifth part is for our country to build the witness’advantage of character evidence rules. This part based on the analysis of the defects on the basis of the witnesses to appear in court system, mainly illustrates the progress of the related provisions of the criminal procedure law amendment, think it connected to the witness provided favorable conditions to building of character evidence rules.The sixth part is the idea of building our witness’s character evidence rules, this section is divided into three aspects:establishing the system of basic theory, specific rules and facilities. The first on the one hand, points out that our country should be established in the legislation in character and the meaning of the character evidence, relevance judgment standard and basic theory. The second aspect is the witness of character evidence rules is designed to:principle of exclusion and exception provisions; Finally, from the system of cross-examination, character investigation system, discovery system, this paper discusses the corresponding supporting mechanism. The seventh part is conclusion. The establishment of witness’s character evidence rules should be based on China’s national conditions, and fully draw lessons from Anglo-American system of legislation and construct witness rules of character evidence in China, as soon as possible.