Research On Character Evidence Rule

Character evidence rule is widely used in the theoretical and practical field of the common law system and continental law system.For a long time,not only in theoretical field,but also in practical field,character evidence rule is always one of the difficult relative issues which is heatedly discussed.This rule is aimed at avoiding the unjust prejudice of character evidence,which will greatly influence the discovery of the case facts in the common law nations.A knotty problem is that the content of character evidence rule is very complex and contradictory.Character evidence rule is at issue in the field of evidence theory and legal practice.This article has discussed the basic theoretical elements of character evidence rule at first.On this basis,I have analyzed the application of character evidence rule in China and the countries of common law and continental law system.At last,I have put forward a series of assumptions about constructing character evidence rule system.This article is made up of five chapters which consists of more than 20,000 Chinese characters.The first chapter has presented the related theory of character evidence.This Chapter is made up of four parts.In the first part,I have mainly discussed the basic meanings of character and character evidence.In the second part,I have discussed the stability,dependency and morality of character evidence.In the third part,I have analyzed the classification of character evidence.In the forth part,I have not only put forward the positive influence of character evidence by introducing its function in finding the reality of criminal cases,protecting the human rights of the defendants and realizing the special preventing function of penalty,but also raised the negative influence of character evidence by introducing its effects on misleading judges,insulting legal rights of litigation parties and lowing the litigation efficiency.The second chapter has presented the theoretical basis of character evidence rule.This chapter is made up of three parts.In the first part,the relativity of character evidence has been discussed.In the second part,the guidance of procedure justice for character evidence rule has been introduced.In the third part,the dangerous personality theory which is the criminal psychology basis of character evidence rule has been discussed.The third part has mainly studied the application status of character evidence in the judicial practice of common law nations and continental law nations.This chapter is made up of three parts.In the first part,the application of character evidence rule in common law nations' investigation,prosecution,conviction and punishment phases has been analyzed in detail.In the second part,the application of character evidence rule in continental law nations,investigation,prosecution,conviction and punishment phases has been presented.In the third part,I have summarized The main differences in using character evidence between the common law nations and the continental law nations at first.And then I draw a conclusion that the development of character evidence rule in common law nations is more successful.The forth chapter has emphasized the development status of character evidence rule in China.This chapter is made up of four parts.In the first part,I have discussed the overall development status of character evidence rule in Chinese theoretical field.In the second part,I have put forward the unbalanced development status of character evidence rule in Chinese theoretical and practical field.In the third part,the legislation status of character evidence rule in China has been discussed.In the forth part,the application status of character evidence rule in Chinese investigation,prosecution,conviction and punishment procedures has been introduced.In the fifth part,I have summarized the main problems in the development of Chinese character evidence rule at present.The fifth chapter has put forward a series of assumptions about constructing character evidence rule system.This chapter is made up of four parts.In the first part,I have emphasized the importance of clearly stipulating the connotation of character evidence in the law articles in China.In the second part,how to construct defendants'character evidence rule system has been discussed by introducing the construction mode of the defendants' good and bad character evidences.In the third part,how to construct the victim character evidence rule has been presented.In the forth part,how to construct witness character evidence rule has been put forward.