Light Discussion On Classification And Effect Of Character Evidence In Our Criminal Justice

As a kind of evidence in common law countries, character evidence occupies hasits important value in the evidence law, also it has played a huge role in guiding theprocess of criminal judicial practice, so many British and American legislation, case andacademic monograph owned the in-depth researchment of character evidence, formed arelatively mature theory and practical operation experience. For the present, using ofcharacter evidence in sentencing and commutation has become an indisputable fact inour criminal justice practice, but it is still has no specific and clear rules of characterevidence in our current law system, so character evidence has its reality withoutappearance, this is a defect and regret. In view of this, basing on the character evidenceof two big legal systems, and by combining the actual usage of character evidence inour criminal justice practice, this paper proposes the rules of character evidence that fitour features of criminal justice practice.Firstly, this article describes the meanings of character and character evidence, thelegal theory of correlation in detailed in first and second chapter. The author also pointsout the differences between character and morals, several meanings of character in theevidence law.Then the article introduces the classification and the use rules of characterevidence in the Anglo-American law system and continental law system in third chapter.It should be pointed out is: Comparing with the Anglo-American law system, rules ofcharacter evidence in the continental law system is really less, however, the two biglegal systems are similar in the principle of character evidence: eliminate for theprinciple, use for the exception.The fourth chapter discusses the function of character evidence in our criminaljustice practice. The criminal justice process in our country mainly include investigation,examination and prosecution, sentencing and execution, and the character evidence inthese several major stages are more or less got used, it shows that the character evidencein our country existed in reality.Finally, the fifth chapter puts forward the use rules of character evidence in ourcountry, and how to build the guarantee conditions, and make clear the applicablecriminal types and stages that character evidence to be used in our criminal justice.Character evidence gets the real legislation will be a process in our country, this process is also the process of social development. With the development of the economy and theimprovement of people’s material life, people’s requirement of the rule of law societythat with fairness and justice will become more and more intense.‘Sufficient granarymaking know etiquette and adequate food and clothing making know honor’. Only thewhole social members with high personal qualities, the legislation conditions ofcharacter evidence will become true in our country. In addition, we should alsocomplete the system of witness and the system of character evidence investigation, andthen the character evidence could play an important role.