The Research On The Character Evidence Of Victim

The character evidence of victim is an important evidence form in common law countries, which has been widely used in criminal trials and formulated complex rule system. In the civil law countries, although the practice frequently involves the problems of victim’s character evidence and how to apply it, while the character evidence of victim doesn’t play its evidence value sufficiently for its absence in concerning legislation and lack of enough attention in theory field. Sometimes judicial authority blindly excludes the character evidence of victim, which not only infringes the legitimate proceeding rights of the defendants, but also goes against the investigation of case fact.By means of interpreting British and American relevant provisions and the disputes happened in their judicial practice, at the same time studying our present situation of legislation and judicial practice, then reaching to a conclusion that it is necessary to build the rules of character evidence of victim in our country. Combining with our reality, put up with some reasonable suggestions for the building of victim’s character evidence rules.Specifically, this paper consists of five parts.The first part is the analysis of Li and four other people’s rape case, pointing out that this case involves the application of character evidence of victim. At the same time it describes the judicial authority’s attitude towards it as well as its handling, pointing out that the effect of character evidence of victim in judicial practice is often overlooked.The second part introduces some related legislation of character evidence of victim in common law system as well as the controversies happened in their practice. In general, their principle is ruling the character evidence of victim out, while the exception is about its application. The exclusion is mainly on the account of the negative effects brought by the character evidence of victim, such as low proving ability, high possibility of making victims suffer "secondary victimization" and confusing the trial point thus reducing litigation efficiency and so on. On the other hand, in order to protect defendant’s proceeding rights and play its unique evidence value in certain types of cases, the character evidence of victim is allowed to use, but its exceptional application should suffice many strict limits.The third part is the investigation about our current situation of the legislation and judicial practice about character evidence of victim, pointing out its absence in legislation and the practical operations can’t meet the standard requirements, thus calls for the improvement of relevant legislation.The fourth part discusses the necessity of constructing the rules of character evidence of victim, on which basis put forward detailed suggestions:firstly defining the scope of character evidence of victim. Secondly in order to avoid the negative effects of victim’s character evidence, thus can take the step of pilot practice, conclusion and promotion by enacting the exclusion and application rules in intentional injuries and murder cases, rape cases. Finally, in order to ensure the rules of victim’s character evidence operate properly, it is necessary to establish relevant procedures and systems, such as character investigation system and case-guidance system.The fifth part is the conclusion of the above contents, and it also calls for attention that when enacting the rules of victim’s character evidence, the legislator should base on our national circumstances, then refer and learn British and American relevant rules reasonably. In addition, it also demonstrates the future judicial practice involving the application of victim’s character evidence should be paid much attention and well summarized, so as to standardize and unify the practical operation of the application of victim’s character evidence.