Application Of Character Evidence In The Perspective Of Standardization Of Sentencing

The reform of sentencing standardization in China has been in full swing for more than ten years,but the dispute about whether sentencing is fair and scientific has not stopped either in the theoretical or practical circles.Reviewing the standardization reform of sentencing,it has achieved some results in formulating operable sentencing guidance norms,reducing sentencing deviation,and improving the quality of judgment and judicial authority.However,there are still some problems such as paying too much attention to the "punishment" function of sentencing and neglecting the prediction of the defendant’s future behavior.Too much attention is paid to the precision of sentencing methods,ignoring the analysis of the individual circumstances of the accused and other issues,it can be seen that China’s sentencing standardization reform has not reached the expected.According to the theory of personality behavior,character can reflect the behavior tendency of an individual.From the perspective of law,character evidence can predict the personal danger of an individual.However,the reform of sentencing standardization in China has been lacking in this consideration.Character evidence,as an important content based on character characteristics in the evidence system of Anglo-American law system,is often excluded in the stage of conviction due to its possible bias.However,these rules of evidence are only aimed at the problem of conviction,and there is no restriction of rules of evidence in the sentencing stage,so it is no longer necessary to develop around the problem of conviction.Therefore,character evidence not only need not be excluded,but because of its unique form and content which is different from general evidence,it is beneficial to realize the dual purpose of individualization of punishment and "censure and prevention" of punishment,and can provide a new idea for solving the standardization of sentencing in China at the present stage.In addition to the introduction,conclusion and appendix,this paper is divided into five chapters.The first chapter points out the relationship between character and sentencing based on the theory of personality behavior,which is the basis of this writing.It is divided into five sections.The first section explains the meaning of character and makes clear what is character.The second section analyzes the characteristics of character commonality and uniqueness,stability and variability as well as integrity in order to better understand the connotation of character.The third section introduces the theory of personality behavior,aiming to build a bridge between character and sentencing on this basis.Section IV analyses the question of character in sentencing and is intended to discuss the balance between hazardous conduct and personal danger.The fifth section analyzes the dilemma of China’s sentencing standardization reform.The transformation from the traditional estimation sentencing method to the refined sentencing method has not reached the expected goal,which is the source of the problem of the writing of this paper.The second chapter is an overview of character evidence,which is divided into four sections.The first section elaborates the meaning of character evidence and clarifies the content of character evidence.The second section introduces the principle of relevance and the principle of individualization of penalty as the theoretical basis of character evidence,clarifies the characteristics of character evidence that is different from the general evidence form,analyzes the basic role of personal danger in character evidence and the development of the view of the purpose of penalty.The third section is the necessity of establishing character evidence rules in the sentencing stage of our country from the perspective of rights protection and just procedure and the feasibility analysis from the perspective of sentencing standardization in our country.The third chapter is the empirical research of character evidence in the sentencing stage--taking domestic violence case as an example,which is divided into three sections.The first section mainly introduces the reasons for selecting domestic violence cases as character evidence in the sentencing stage,and presents the general situation of questionnaire survey.The second section is about the sentencing of character evidence in domestic violence cases from the public perspective through the survey questionnaire,aiming to view the role of character evidence in sentencing from multiple perspectives.The third section is based on the analysis of judgment documents of typical cases,to explore the status quo of character evidence in sentencing,such as less collection,disorganized forms and difficult adoption,and further analyze the impact on sentencing,such as overall emphasis,greater differentiation of sentencing,and less application of probation.The fourth chapter is the status quo and problems of the character evidence rule in China,which is divided into three sections.The first section is the ambiguity of character evidence legislation.The second section is about the problems of character evidence in the judiciary.It mainly discusses the different subjects of character evidence,the confusion of connotation,and the lack of procedural rules for accepting or excluding character evidence.The third section is about the imperfection of the relevant supporting system.It mainly analyzes the poor operability of the social investigation report system in China and the conflict between character evidence and trial mode.The fifth chapter is the concrete design of the character evidence rules of the accused under the perspective of China’s sentencing standardization reform,which is divided into three sections.Section 1: Legislation on Personal Danger is Clear.The second section,in order to construct the rules of character evidence in sentencing,standardifies the character evidence from the perspective of clarifying the content and form of character evidence,establishes the applicable rules of character evidence,and endures the judge with appropriate discretion.The third section is to improve the relevant supporting systems.Mainly from the perspective of perfecting the social investigation report system and promoting the reform of the trial system to make up for the existing defects of the relevant system.