Research On Character Evidence Rules In Criminal Litigation

The character evidence rule is one of the main evidence rules in the Anglo-American legal system of evidence law.It widely exists in the theoretical and judicial practice circles.The rule takes exclusion as the basic principle and application as an exception.Anglo-American criminal justice has played a huge role in the process.The provisions of character evidence in the legislation and jurisprudence of the Anglo-American legal system can be described as very detailed.Experts have also thoroughly researched it and formed a relatively complete theoretical system.In contrast,the rules of evidence of criminal character is in its infancy,although the use of more judicial practice,but our legislation adopted on character evidence cautious,only a scattered few similar provisions of law and judicial interpretation,The specific regulations are not yet clear and unstructured,which can easily lead to unjust,false and wrong cases,affecting the credibility and justice of China's criminal justice.However,in order to construct a character evidence rule that conforms to Chinese characteristics,it is necessary to not only consider the current status of criminal justice in my country,but also carefully examine the vigilance of the Anglo-American legal system towards character evidence,and strive to contribute to the reform and development of my country's evidence system.The thesis comprehensively uses the concept analysis method,literature research method and comparative research method,combined with China's national conditions,and draws on the research results from other regions to explore the construction of China's criminal character evidence rules.Based on the correlation theory of character evidence and dangerous personality theory,combined with the separation of conviction procedures and sentencing procedures,specific recommendations are made:First,in the conviction procedure,the principle of prohibiting the use of character evidence is provided,and the use of character evidence is allowed as an exception;Secondly,it is stipulated in the sentencing procedure that character evidence is allowed to be used as a reference for the defendant's sentencing in order to achieve the purpose of punishing criminals and preventing crimes simultaneously;Finally,analyze the three admissible situations of the witness's character evidence in other certification procedures and make specific provisions.At the same time,it also puts forward suggestions for improving the supporting implementation system of character evidence rules.I hope to provide some reference for the issue of the adoption of character evidence involved in judicial practice in the future.