品格证据的法律属性分析

Analysis of the Legal Attributes of Character Evidence

品格证据是证据法学中十分重要、十分复杂的问题之一。英美法系对品格证据的理论研究较为深入,司法实践也比较成熟,而我国无论是立法还是司法实践都没有对品格证据的内涵、属性、特征和适用范围做出明确规定,需结合我国现行刑事司法理论对品格证据的基本内涵及属性、特征及其运用进行探讨。

Character evidence is one of the important and complex issues in evidence law. Theoretical study of character evidence in Anglo-American law system is deep and its judicial practice is relatively mature. But there are no specific provisions about the connotation, attributes, and applicable scopes of character evidence in both legislation and judicial practice in China. This paper gives a brief analysis of the basic theory and its application of character evidence based on the current criminal theory in China.