A Study Of Character Evidence Applied To The Case Of Sexual Assault On Minors

Minors are the future of the motherland,is the hope of social development.It is our mission and responsibility to protect the legitimate rights and interests of minors and protect their healthy growth.However,it is undeniable that the number of cases against the legal rights and interests of minors in our country is increasing.In particular,the number of cases of sexual assault against minors is increasing year by year,and its proportion in the total number of cases against the legitimate rights and interests of minors is also increasing year by year.Sexual assault has become the "No.1 killer" of minors.In recent years,although the increase of sexual abuse of minors’ criminal penalties for the rising,the national conform to the requirements of society revised minors protection law,introduced a "criminal law amendment(11)and some judicial interpretation,and normative legal documents,but still cannot solve the sex abuse cases of minors in our country,because of the lack of objective evidence can’t because of the situation of evidence.Based on this,this paper intends to analyze the rationality of the use of character evidence in cases,the necessity and feasibility of establishing character evidence system in China,and tries to put forward a reasonable solution to this problem.In addition to the introduction,this paper is composed of five chapters:Chapter One: With the "Davidson child molestation case" as the starting point,the introduction of the case leads to the controversial focus of the case,that is,whether the application of character evidence in sexual assault cases is reasonable,and whether it can provide a reliable basis for solving the difficulties encountered in the trial of sexual assault cases against minors.Chapter Two: Analyze the controversial focus of the case.That is,the analysis of whether the character evidence is actually used to prove a proper purpose,whether it is relevant,and whether the adoption of the character evidence poses a risk of unfair bias.At present,about whether character evidence can be applied in sexual assault cases in the academic circle,the main controversies focus on these three issues.These three questions are the key questions to judge whether the character evidence is admissible.Therefore,only on the basis of solving these three problems,can we continue to discuss whether it is necessary and possible to establish character evidence system in our country.Chapter Three: This chapter mainly analyzes the necessity and feasibility of applying character evidence in cases of sexual assault on minors in China,and provides a reasonable basis for the application of character evidence in cases of sexual assault on minors in China.From the perspective of necessity,due to the incomplete protection of minors’ rights in China’s existing laws and the absolute requirement of mutual verification and proof mode on the quantity of evidence,the trial of sexual assault cases against minors has brought a lot of inconvenience.So addressing the special needs of juvenile sexual assault cases requires that we apply character evidence in juvenile sexual assault cases.From the Angle of feasibility,although there is no clear rules of character evidence in our country,but in the theory and practice on the application of the provisions of,can see the character evidence in our country is not absolutely opposed was the attitude,and we found that the introduction of character evidence,did help to some lack of evidence the sexual abuse of minors to the solution of the case,therefore,from this perspective,we think sexual assault case to introduce minors character character evidence is feasible.Chapter Four: This chapter mainly through a brief introduction to the character evidence system of common law countries and civil law countries,thinking about how to choose,how to stipulate,and how to avoid the problems encountered in the development process of other countries in the construction process of character evidence system in our country.Chapter Five: This chapter mainly has three aspects of the concrete content.The first aspect mainly introduces how to construct the character evidence system in China,that is,solve the theoretical problems of the establishment of character evidence system.The second aspect,according to the theoretical provisions,determine the concrete construction of the character evidence system in China;A third area,to determine the perfect measures of the development of the character evidence,from the first determine system to establish the theoretical framework of character evidence in our country,establishing and perfecting the civil credit system,establish and perfect the system of social investigation,standardize the judge’s discretion from three aspects to obtain,for our country the establishment of the character evidence system to provide perfect other institutional guarantee.