习惯证据初探

Initial Study on Habit Evidence

围绕习惯证据和品格证据的界分,英美证据法上确立了品格证据排除规则和习惯证据规则。允许习惯证据的理论基础在于:习惯证据与待证事实的相关性较高,它比一般的品格证据具有更大的证明价值;习惯证据具有道德中立性,从而不会产生品格证据所固有的潜在偏见;习惯证据具有显而易见的特征并在类似行为之间建立了共同联系,导致混淆争议的危险性更小。考虑到司法实践的需要,我国应当确立习惯证据规则,对习惯证据的概念、一般原则和例外作出明确规定。

According to the difference between habit evidence and character evidence,Britain and the United States had established exclusionary rules of character evidence and rules of habit evidence.The theoretical bases of admissibility of habit evidence lie in that habit evidence is considered to be highly probative for it has higher relevance with facts;Unlike character evidence has inherent prejudice,habit evidence hasn't hidden prejudice for its moral neutrality;Habit evidence has less risk to confuse dispute for it has the obvious features and has established common bond amongst similar acts.In view of the needs of judicial practice,the rules of habit evidence should be established in China,the law should clearly states the concept of habit evidence,general principles and exceptions of the rules of habit evidence.