The Application Of Character Evidence In The Tendency Crime

Character evidence is a relatively complex and controversial issue in legal science. Because of the weakness on the relevance of character evidence, in order to avoid the judge have subjective bias, and improve the efficiency of lawsuit, all countries in the world, set up relevant elimination rule in principle to ban the bad character evidence into court. But in view of the theoretical value of the character evidence and practice value in the concrete process of trial, under the specific circumstances and.conditions,the proper use of character evidence in criminal proceedings appears very necessary. Especially in tendency crimes, there is a close connection between stable personality characteristics as well as mental status and the crime. And the basis of criminal responsibility is the dangerous character or commits, the study of personality and character evidence can be used as according to crime prevention and criminal justice and enforcement. But in judicial practice, the application of character evidence in the tendency crimes has many problems. Therefore, it is necessary to strictly follow the certain principle, take the appropriate measures to perfect it further.This article consists of three parts, excepting the introduction and the conclusion.The first part mainly expounds the concept of character and character evidence, introduces about the classification of character evidence, analysis the theoretical foundation of the using of character evidence in criminal action.The second part mainly expounds the basic requirements and types of the use of character evidence, introduced legal provisions on the character evidence in foreign countries and the cause of the setting up of character evidence elimination rule, and the basic types of character evidence.The third part mainly expounds the application of character evidence in tendency crime, elaborates the basic theory of tendency crime, from the concept, analysis the psychological characteristics and the exceeding subjective factor of tendency crime,and tend to make the concrete type of it, including the type of criminal law theory and the type of practice. And elaborates the research theory value and the practice value. And elaborates the meaning of the using of character evidence in the tendency crime and its performance in practice, and analyzes the main problems.The forth part mainly put forward the measures of perfecting the use of character evidence in tendency crime, including the principle which shall abide by in using, such as the trade-off principle, the principle of reasonable investigation, the principle of properly protecting the weak, and the principle of deciding the punishment by responsibility and prevent, and so on. And put forward the specific measures shall be taken, such as perfecting the rules of character evidence, standardizing the judge discretion, establish character investigation system, etc.