The Research Of Character Evidence In Sex Crimes

Character evidence is an important evidence system in the Anglo-American law system,according to the different meanings of the character,the character evidence mainly has three different types:a person's reputation or the reputation of the evidence,evidence of bias and other evidence of behavior.This article only discuss the to the character evidence of the defendant and the victim in sex crimes.First of all,the article introduces the basic meaning of character and character evidence.Second,the article introduces character evidence's development and research status in sex crimes.Third,the article introduces sex crimes character evidence rules in the Anglo-American law system.Fourth,based on the present situation in our country,analyzes the problems of character evidence in sex crimes.Finally,puts forward some ideas and suggestions for the building of the character evidence rule in China's sexual crimes.Specifically,this article altogether consists of seven parts:The first part is the introduction,by comparing the Song Moumou's certain crime and Li Moumou's certain crime of rape,putting forward the necessity of research on the character evidence of in sexual crime in the judicial practice in China,which leads to the discussion below.The second part is the basic theory of character evidence,this part introduces the character and the basic knowledge of character evidence,including the concept of character,the meaning and the context of our country's character,which leads to the concept and characteristics of character evidence.The third part is the character evidence's historical development and the literature review,this part introduces that in sex crimes,the historical development of the defendant character evidence and the victim character,and expounds the theory and the study of character evidence of Anglo-American law system and our law system in the current situation and the problems exsited.The fourth part is the investigation of character evidence in Anglo-American law system,the defendant character evidence exclusion rules and exceptions and the victim of character evidence exclusion rules and exceptions in sex crimes in Anglo-American law system was introduced in details,and then analysis,for the reference to lay the foundation for the rest of the article.The fifth part is the present situation and problems of character evidence in sex crimes in our country.First of all,this paper introduces the present situation of sex crimes in our country.Secondly,it is pointed out that sex crime in our country,the status of the use of character evidence.Finally,points out that the problem of character evidence in sex crimes in our country.The sixth part is the construction of character evidence rules in sexual crime of our country,this part still discuss the victim and the defendant from two aspects.In terms of the defendant character evidence rules,first of all,expounding the theoretical foundation of the construction of character evidence rules from the perspective of relevance,and protect the rights of litigation.Secondly,expounding the feasibility of the construction of character evidence rules from the legislative tradition,the related regulations.Finally,this paper expounds the constructing the defendant character evidence exclusion rules and exceptions.In terms of the victim character evidence rules,following the same logic,first of all,expounding the theoretical basis of the character evidence exclusion rules the victim from the aspects of policy situation,relevance.Secondly,introduces its feasibility.Finally,this paper expounds the constructing the victim character evidence exclusion rules and exceptions.The seventh part is the conclusion,in sex crimes,building system of character evidence has a realistic possibility and necessity.In terms that sex crimes have the characteristics of certain universality,our country should draw lessons from fully mature rules in Anglo-American law system to build your own rules.