Application Of The Victim's Character Evidence In The Determination Of Legitimate Defense

As an exception to the exclusion rule of character evidence,the victim character evidence is allowed to used in justifiable defense cases in the United States.In our country,although there is no corresponding research on how to use the victim's character evidence,and there is no explicit provision in legislation,it does not mean the victim's character evidence can't be used.In some cases where the victim has died or where the existing evidence is unable to prove that the defendant's conduct constitutes justifiable defense,the introduction of evidence on the character of the victim is of great significance.The criminal law of our country prescribes that the premise of justifiable defense is the existence of illegal infringement,and the victim's violent character can prove that the victim has the tendency of attack first,and can meet the precondition of justifiable defense.In addition,the defendant's understanding of the victim's violent character makes it easy to feel fear when facing the victim.This determined that his counterattack was justified to a certain extent.Because he believed that the deceased may launch an attack,the accused was more likely to have a defensive intent in the absence of such evidence.Finally,the victim's character evidence can help to determine the facts of the case more accurately and play an important role in protecting the rights and interests of the defendant.On the concrete construction of the victim's character evidence,through analyzing the feasibility of the victim's character evidence construction in our country,this thesis puts forward the establishment of our country's victim's character investigation system and the case guidance system,in order to guarantee the application of the victim's character evidence in the cognizance of justifiable defense.Finally,the author puts forward that we should pay attention to that the victim's character evidence can only be used as a kind of reinforcing evidence,and should combine other evidence to make a comprehensive judgment in the concrete determination of justifiable defense.The discussion of the victim's character evidence in this thesis is carried on under this premise.