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The Introduction Of The Theory Of Character Evidence Rules In Criminal Lawsuit

Posted on:2015-09-08Degree:MasterType:Thesis
Country:ChinaCandidate:X Y XuFull Text:PDF
GTID:2346330536466829Subject:Law
Abstract/Summary:PDF Full Text Request
Character evidence is an im portant kind of common law of evidence,while the constant practice and theoretical exploration of the formation of a complete character evidence rule.However,in China,character evidence is less popular issues of concern,but the question was constructe d character evidence rules.Of course,in our dif ficult compelling character evidence has multiple causes,there is no independent evidence of character evidence is dif ficult to dete rmine the Code widely re cognized;trial,conviction and sentencing patterns integrated mode limits the defendant,counsel to defend the use of character eviden ce for se ntencing;not adult so cial investigation report is due to a design flaw dif ficult to play substantive role.Seen in this light,the introduction of resistance great character ev idence rules,but we should also see an urgent need to im prove the status quo.This paper is divided in to four chapters body part,trying to introduce the character of the common law rules of evidence and seek to improve our rules of evidence.The first chapter is the basis of comm on law concepts of character evid ence introduced on the basis of the second chap ter describes the character of the common law rules of evidence,in which the characte r of English law rules of evidence-based,from the defendants,witnesses,v ictims three introduces the specific character of the exclusionary rule.The third chapter lists th e issues involved in crim inal proceedings of character evidence currently includes four aspects: the formation of the chain o f evidence,criminal coercive m easures,social investigation report minors,minor criminal record sealed.The fourth chapter is the introduction of character evidence of specific design ideas rule,this section uses a dif ferent perspective in the past were from criminal coercive measures,criminal sentencing phase of the trial,three aspects of juvenile delinquency,rather than co mmon subject classification discussion,the main consideration is to our country's legislative and criminal justice,the short term is difficult to complete legislative independence evidence Act,and therefore the concept of character evidence and character evidence rule is dif ficult to in troduce into the system to Crim inal Procedure Law,the so lid boldly put forward some ideas from these three perspectives.
Keywords/Search Tags:character evidence, character evidence rules, of evidence in criminal reform
PDF Full Text Request
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