品格证据的相关性探讨

An Exploration of the Correlation of Character Evidence

品格证据是证据相关性的著名难题。基于"时间的消耗"和"保护陪审团需要"的考虑,[1]英美证据立法确立了品格证据不具有相关性的一般原则。然而有原则便有例外,例如当被告人的品格成为案件构成要素时其相关性并不能被否认。笔者通过演绎推理的方式,以证据相关性一般原理为切入点,探究品格证据相关性这一难题,以为我国品格证据规则的构建提供法理依据。

Character evidence is a difficult issue of the evidence correlation. Based on the consideration of＂time consumption＂ and ＂jury protection＂, Britain and the United States established a general principle that the character evidence is not relevant. However, there are exceptions to the principle, For example,in case of the defendant＇s character being the elements, its correlation should not be denied, By adopting deductive reasoning and making general principles of evidence correlation as the entry point, the article tries to explore the correlation of character evidence,thus to provide jurisprudential basis for the construction of rules for our country＇s character evidence.