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The Value Of Character Evidence

Posted on:2016-05-22Degree:MasterType:Thesis
Country:ChinaCandidate:T ZhouFull Text:PDF
GTID:2296330470479595Subject:Law
Abstract/Summary:PDF Full Text Request
"One day as a thief, will be a thief forever" that although can’t get approval, but in the past one had theft crime records contained in the technique, can prove that now. Thus, as a specific behavior in the past, can be a slight proof to the moment. In addition, we also cannot deny that in the rape case, the disorderly character in sex of the victim can be a proof of the agreement between the victim and defendant. Or again, when the integrity of the witness has been questioned, his testimony will be questioned too. All of these are character evidence in the criminal. So we will have some questions about the practice, whether the character can be used as evidence? If the answer is yes, then what are the rules, are the rules applied same ? In our country, why there are not rules about character evidence? Can The American Federal Rules of the Evidence be reference to our country? This paper is discussing the above four questions.The first part will answer whether character can be used as an evidence, whether the character has the value of evidence. Value of evidence is known as the proving value of evidence, that is, the evidence’s proving value popular refers to the evidence to the case facts prove that you have effect of the size of the problem. Want to be clear that the character evidence, the first thing to clarify the evidence to prove that force and correlation, the relationship between evidence and discussed to illustrate the relevance of the character by character evidence.After the analysis of the value of character evidence, the article will from two parts to discuss the value of the character evidence. First is the “Ability of Evidence model’, second is the “Proving Force model”. As a representative, the Anglo-American law system regulates the character evidence by the rules of evidence ability. The second part of the article is a concrete analysis of the model. In this section, respectively from the defendant’s character, victim’s character and the witness’ s character to discuss this question.The third part of the article is about the proving force model. In continental law system and the trial of our country, the use of character evidence depends on the judge’s discretion. In this part, first of all, is the concept of the continental law system’s model, second is about the mode of our country, then concluded that there are no character evidence rules in our country and it’s not suitable for us to build the rules.Conclusion based on the above three parts: the character evidence has the evidence value, but we don’t have corresponding character evidence rules in our country, and in the current situation, our country is not suitable for character evidence rules. So if country can draw lessons from foreign established evidence rules to judge of character evidence in practice? The fourth part of the article is to analyze the character evidence rules of the federal and the reference to us. This section first discusses the usage of character evidence in our trial practice, and then conclude from the above what is to be based and take into account when the judge uses the character evidence.
Keywords/Search Tags:Character, Character evidence, The Value of Evidence
PDF Full Text Request
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