品格证据与量刑的相关性探讨

Discussion on the Relevance between Character Evidence and Measurement of Penalty

品格证据是英美法系中证据规则颇令人费解的难题之一,英美证据立法确立了品格证据不具有相关性的一般规则,但在特殊情况下又对其加以保留。在我国,品格证据这一名词尚未进入法条,但司法实践中却偶有涉及。但无论是中国法系,还是英美法系,都将其纳入量刑考虑的因素。品格证据在量刑中始终大有作为。

The character evidence is a very difficult problem in western law system.The Britain and American evidence law establishes a general regulation of irrelevance of the character evidence,but in special situations they have some preservation about it.In China,we have no character evidence in our law system,just mentioned it in lawful practice.However,in Chinese laws or in western laws,we both put the character evidence into the factors to consider the measurement of penalty.There is a great role of character evidence in measurement of penalty.