美国品格证据规则的解读与借鉴——以公正审判权的保障为视角

On Reading of the Rules of America's Character Evidence——From the perspective of guarantee of fair trial

《联邦证据规则》规定了"品格证据的一般禁止";而对于品格证据的例外情形下的运用,设立了严格的限制条件。《联邦证据规则》中的品格证据规则体现了充分保障被告人公正审判权的诉讼理念,值得我国立法与实践的借鉴。

Federal Rules of Evidence provides that character evidence is prohibited as a general rule, and there are a few exceptions to character evidence prohibition, which is strictly restricted. The character evidence rules embodied in Federal Rules of Evidence are in pursuit for protection of right to fair trial, and the legislation and practice of China may draw lessons from it.