On The Construction Of The Rule Of Character Evidence Of The Accused In China

This article focuses on the construction of the defendant’s character evidence rules.Although under the current legal system in our country,the lack of integrity of the evidence of the character,but the rules of character evidence to protect the rights of the defendant,the rights of victims and improve the cross-questioning system of criminal proceedings have a positive significance.It promotes the justification of criminal proceedings and it is an indispensable and important position in the development of the criminal legal system throughout the world.At present,China’s legal system of criminal lawsuit lacks a clear definition of the defendant’s character evidence,and there is no complete system of character evidence rules.Only similar provisions concerning the defendant’s character evidence are scattered in the country’s various legal norms and justice.Among the explanations are the recidivism system,the social investigation report system,and so on.However,there are many shortcomings in China’s social investigation and reporting system.Its investigation method is single,the investigation subject is not clear,the scope of application is narrow,etc.There are no perfect regulations.The most important thing is that this system is not legal in China.The process was well connected,causing it to lose its proper use value in most cases.In the legal system of Western developed countries,the defendant’s rules of character evidence have been reused.Character evidence is used in many criminal cases.Although there are significant differences between litigation system and litigation model between China and the West,we can still find out a defendant’s character evidence rule that suits our legal system by comparing our country’s existing legal environment.We can start with the definition of character evidence,define the character evidence,grant it qualifications for litigation evidence,and then develop a complete system of rules for the defendant’s character evidence,establish the defendant’s rules of good character evidence,and the defendant’s bad character evidence.The prohibition rule and the exception of the defendant’s rule of prohibition of bad character evidence.Then,the defendant’s rules of character evidence were expanded to apply to criminal compulsory measures and even criminal execution procedures,so that the system runs through the entire process of litigation.At the same time,the design of supporting systems is also essential.The application of the defendant’s rules of character evidence requires the support of other systems.We can consider reforming China’s existing social investigation reporting system that is only applicable to minors,perfecting existing methods of social investigations,clarifying the main body of social investigations,reforming the current trial model of conviction and sentencing integration in China,and optimizing the relevance of evidence.rule.Makes the defendant’s character evidence system play its biggest role under the existing legal system in China,so as to be oriented toward the development trend of the world’s criminal laws.