Research On The Use Of Defendant Character Evidence In Criminal Trial In China

Defendant character evidence refers to evidence of the defendant's character or character features in the proceedings. Character evidence as evidence law on a highly controversial issue, attracted widespread attention of theory and practice in common law countries, around the character evidence relevant under what circumstances and to be able to question the judges adopted formed mature exhaustive character evidence rules, the defendant character evidence rules is one of the most characteristic part of the rich,the core value is to avoid the wrong character in criminal justice inference on the case of negative effects such as causing prejudice, delay action. In China, there is little research about the theory of the defendant character evidence, also little attention in the legislation, in judicial practice, the defendant character evidence is often become a "grey zone" outside the law norms, which caused a lot of controversy. This article expect the defendant character evidence applicable situation in the criminal trial empirical study, drawing on advanced concepts and experiences of common law countries, on the basis put forward beneficial regulation defendant character evidence of the applicable counter measures.In addition to the introduction and conclusion of this article is divided into four chapters:The first chapter, the defendant summary of character evidence. This chapter is divided into two parts, the first part of the "character", "character evidence" and "defendant character evidence" and other basic concepts in-depth analysis and clarify its meaning; the second part describes the defendant character evidence most central relevance question, point out the relevance of the evidence is a combination of "substantive" and "proof" of the two elements, and on this basis discusses the general situation of the defendant character evidence relevance and exceptions.The second chapter, the defendant character evidence applicable status in a criminal trial in our country. This chapter is divided into four parts, respectively from the proof object, the type of evidence, evidence and evidence presented to adopt four aspects to the current situation of the character evidence for the defendant in a criminal trial of our country was investigated. Look from that object, usually appear as sentencing evidence character evidence, the defendant is generally not be used as one of the reasons of charged with a crime; Look from evidence type, type is single, and concentrated in the "first" and "criminal record record" two little elastic character evidence of the defendant; Look from evidence is put forward, on the subject, the defendant bad character evidence put forward by the prosecution, the accused good character evidence has defense and court, the prosecution in the defendant is almost as good character evidence of filed, and on the proposed procedure, defendant of character evidence is not subject to any restrictions; Look from the adoption of evidence, in addition to the "criminal record record", other defendants character evidence to adopt or not is determined by the judge on the basis of experience, but usually do not explicitly mentioned in the judgment.The third chapter,the defendant character evidence in the criminal trial of the problems. This chapter is divided into five parts, corresponding to the second object of proof, types of evidence, the evidence presented and evidence adopted four detailed analysis of the underlying problems include: lack of legislation led to confusion defendant character evidence applicable, defendant character evidence relatively narrow scope, character information is not comprehensive defendant, defendant character evidence and conviction unrelated to premature intervention trial,and the defendant character evidence has adopted considerable arbitration.The fourth chapter, the defendant character evidence of the applicable legal regulations. This chapter is divided into two parts, the first part discusses the necessity of specification defendant character evidence applicable; for the second part of the first two chapters of the current situation and problems, put forward concrete ideas specification defendant character evidence applicable. Firstly, it should confirm the legal status of the defendant character evidence legislation, and to clarify its application in respect of the relevant issues, clear the defendant character evidence relevant in principle, not be used to prove that the defendant carried out consistent with the character crime, has only limited relevance in exceptional circumstances. Clarify the basis of the relevant issues, the cautious guide defendant character evidence in the trial of convicted applicable; Secondly, to address the defendant character information is not comprehensive questions, the accused shall gradually establish a complete social investigation system; Thirdly, the specification has nothing to do with the conviction of the accused on the proposed program of character evidence, but should be abolished in the indictment and basic situation in the court found the defendant to disclose the defendant has been the practice of administrative and criminal sanctions, in sentencing standardization reform background, in the defendant pleaded not guilty cases selectively establish completely independent sentencing procedures to ensure that the conviction of the judge trial was not influenced by the improper interference of conviction information; Finally, to further improve the standard of proof in sentencing, with case judge guiding the way to strengthen the use of the defendant character evidence enthusiasm, reasoning and other measures to strengthen the sentencing judge specification too broad discretion in the adoption of the defendant character evidence.