Research On The Construction Of Character Evidence Rules Of Defendants

The defendant’s character evidence is not a new topic in the academic field.With the continuous renewal of judicial practice,the new collision between theory and practice is induced,and the review,judgment and identification of character evidence become one of the focuses of theoretical and practical research again.Therefore,from the perspective of empirical research,with the help of the analysis of typical cases,it is necessary to deeply analyze the key points and difficulties in the construction of the defendant’s character evidence rules.Quality evidence has its specific value in litigation.Character evidence includes not only reputation,reputation,other people’s evaluation,but also specific behavior and criminal record behavior.The concept of character evidence does not appear in all kinds of legal documents in China.Although this concept is absent in our legislation,it is not new in practice.Although it is not the same as character evidence,there are similar rules in practice.The part about the defendant in the character evidence,because it is a special type of evidence that integrates the character,behavior habit,morality,reputation of the defendant,can not only judge the criminal behavior that has occurred,but also play its unique predictive role,so we should first construct the character evidence rules of the defendant.According to its nature,the defendant’s character evidence can be divided into two types: good and bad.The rule of good character evidence is based on the rule of benevolence,while the evidence reflecting the defendant’s bad character is based on the need of fair trial.In the current legal norms of our country,there are similar provisions of the defendant’s character evidence,among which the more typical one is the social investigation report for the minor defendant,but there are some problems such as unclear investigation subject,single way,different content and controversial nature.Other provisions similar to the defendant’s character evidence not only involve less content,but also have different types and different time to intervene in the trial process.At the same time,the court’s adoption of such evidence is arbitrary.Therefore,the defendant’s character evidence,as an important part of the rule of evidence and the rule of its evidentiary force,has the necessity of learning from the successful experience of foreign countries and constructing completely in our country.The professionaljudge team in our country also needs complete evidence rules as the guarantee of judicial justice.The construction of the defendant’s character evidence rules can not only avoid the interference of improper application of character evidence to the objective evaluation of the case,but also prevent the confusion of application.Even in some cases,the relevant evidence is the necessary condition to form a complete evidence chain.At the same time,the successful practice outside the country has proved that the defendant’s character evidence is practical.Although the rules of character evidence originated from the British American confrontation system,there are similarities among different legal systems,different litigation systems and ideas.In addition,similar evidence has appeared in the relevant norms in the criminal field of our country.The reform of litigation system and judicial practice all require such evidence.All of these provide an opportunity for the construction of the defendant’s character evidence rules in China.In order to construct a complete evidence rule of the defendant’s character,we should not only learn from the successful experience of foreign countries,but also adapt to the judicial concept of our country and meet the needs of judicial practice.We should not only be able to play its due role in the stage of conviction and sentencing of the defendant,but also avoid the trial of the case blindly inclining to the discussion of the defendant’s motivation and behavior tendency.In the construction of rules,we should first make clear that the evidence reflecting the defendant’s bad character should be based on the principle of exclusion of application,and strictly limit the specific application in the form of provisions,while the evidence reflecting the defendant’s good character should not be limited.From the perspective of evidence classification,we should distinguish different types of defendant’s character evidence from different aspects,such as whether the evidence is one of the constituent elements of a crime and whether it has a relationship with the facts of a crime;whether the evidence is good evidence for the defendant to prove his character,or bad evidence for the defendant to prove his character,we should also consider the defendant and the case type specificity.Comprehensive consideration of the defendant’s character related to the content of the rules to be constructed.In order to ensure that the character evidence can play its due role in the court,it is also necessary to establish a comprehensive social investigation system,improve the social credit system,and improve the punishment measures after violating the rules.Althoughit is necessary to establish the rule of character evidence in our country at present,but the rule of evidence is complex,and the construction of a rule needs continuous research,which needs to be verified by continuous practice.