Study On The Application Of Character Evidence In Civil Trial In China

Character evidence plays an important role in the evidence law of common law countries.Civil law countries do not have a systematic and perfect rule of evidence application,but they have a similar system of personality investigation.China's current laws do not make clear norms for the evidence of character,but in some judicial cases,we can see the clue of using evidence of character,the same is true in the academic research field.The character evidence research focus in the field of criminal proceedings in our country,research of character evidence in civil procedure is applicable for the problem is less,but found by looking for a large number of civil cases,the existing part of the meaning and applicable value of the judge of character evidence formed their own understanding,and in the case of character evidence that results when clear written judgment;Or the term "evidence of character" is not stated,but similar evidence is recognized.Although there is no clear legal provision on the evidence of character in China,it does not exclude that the judge USES the free evidence to confirm whether it has the value of proof in the process of hearing a case.This kind of disorderly application of character evidence will lead to the same type of cases in its ability to prove and prove the strength of the determination of the existence of different judgments,resulting in different trial results of the case.In view of this,the author thinks that a uniform standard of character evidence should be formed in civil trials in China.This paper is divided into six chapters:In the first chapter,two civil cases are introduced to illustrate the different attitudes towards the evidence of character in China's civil trials,and the application of the evidence of character in China's civil trials is confirmed to have research value and significance through case analysis.The research content of the second chapter is to explain the meaning of "character" and "character evidence".The former should be different from the meaning of "character" as a Chinese word in daily life,and combined with the context of "character evidence" to explain.For the latter,the meaning of "character evidence" should be divided into three levels: "reputation" evidence within the specific community of the party concerned,evidence formed by the tendency of daily behavior,and "previous record" evidence.The third chapter introduces the application of character evidence in different countries.According to the provisions of the evidence law of common law countries,the evidence of character shall not be used as the basis to prove the existence of the illegal and criminal ACTS of the parties.Civil law countries represented by France have a similar system of personality investigation.Although there is no restriction on the application of character evidence(personality investigation),it does not mean that it will be used as evidence of guilt,but it does not affect its presentation in court.This paper thinks that analyzing the applicable provisions of character evidence in other legal countries can help us summarize the applicable rules of character evidence suitable for civil trial in China.The content of the fourth chapter is the enlightenment of the theory of character evidence in the criminal procedure of our country to the application of character evidence in civil trial.This chapter introduces the sentencing stage in criminal procedure,the theory of character evidence application in sexual crimes and juvenile delinquency cases,and compares these three types of criminal cases with inheritance rights disputes in civil trials,custody disputes,and so on.The common analysis of sexual harassment cases is used to study the application of character evidence in civil trial with reference to the existing academic research results in criminal procedure.The fifth chapter is the assumption of five types of civil cases in which character evidence is applicable in our country.The author thinks that character evidence can be applied in five types of cases,which are sexual harassment cases,divorce cases,custody dispute cases,reputation infringement cases and inheritance dispute cases.Sixth chapter is about the summary of the full text,first of all,clear the general principles of the character evidence in a civil trial applicable,namely applicable rule,rule out second in the fifth chapter puts forward five types of civil cases to eliminate the exception of applicable rules that can be applied character evidence,the last of the first chapter mentioned two civil case to respond.