On The Construction Of Character Evidence Rules In Criminal Proceedings

It has been given deep understanding and explanation about the character evidencesystem in common law and civil law countries. As a two attributes of both investigatedcrime and human rights violations character evidence rules, different legislativeattitudes and judicial direction. It can not be denied is the attitude towards the characterevidence, it is related to the major issues on both sides of the path of development of therule of law and social governance. What is the correct attitude, can not give a result. It isa big question about how to play the right role of the character evidence. In our criminaljustice practice, there is not a unified laws and regulations on character evidence, that isthe lack of a complete character evidence rule. Therefore, there is no correspondinglegal regulation for the application of the bad character evidence. At the court hearing,the judge verify defendant identity link can freely ask the defendant whether thecriminal record. And to the fact-finding stage of the court, the free to provide thedefendant with poor quality evidence, especially once the criminal record or disciplinaryrecords. This practice is extremely unfavorable to the defendant. In judicial practice, theattendance of witnesses in criminal cases, the probability is very low. Therefore, it is notpossible court inquiry witnesses seem to witness character evidence rules establish nopreconditions. In cases involving sex crimes to the efforts to protect the victim’s notenough, there is no limit to the victim sexual history evidence, victim may suffersecondary damage. To solve these problems, China should build a complete characterevidence rules, including the defendant, victim, witness three types of characterevidence rules, the specific content of mature theory of developed countries can learnfrom.The paper discusses the problem from four parts.The first part is an overview of the rules of evidence of character. First it gives adescription of character evidence. And it discusses the rule of character evidence.The second part summarizes the characteristics of character evidence rules of both twokinds of law countries, including defendants, victims and witnesses, and gives ananalysis of the reason of the civil law and common law systems of the formation of adifferent character evidence rules, and the think of building character evidence.The third part is focused on the character evidence embodied in the existing laws and regulations in China. Although there is not a complete rule of character evidence.Relevant laws and regulations have been scattered this regard, sums up the lack ofrelevant legislation for these provisions.The fourth part is the abstract summary of the relevant provisions of the common lawand civil law countries. Combined with the reality of our country, it is necessary to putforward specific suggestion and some behavior should be taken in the judicial practice.