中国法视野下的品格证据基础理论及发展理路

The Basic Theory of Character Evidence and Its Development from The Perspective of China's Law

品格证据的产生与应用在现代刑事诉讼中具有里程碑式的意义。中国法视野下的品格证据的内涵由声誉、倾向行为和往事组成。对其他证据的依附性、相对稳定性而非绝对稳定性和适用的更加广泛性,是品格证据区别于其他证据的独特属性。品格证据可以分为被告人品格证据、被害人品格证据和证人品格证据以及良好品格证据和不良品格证据。品格证据在当代中国的适用,关键是要解决其相关性问题、成本控制问题和不良品格证据的偏见性问题。

The production and application of character evidence plays the role of milestone in modem criminal litigation. From the perspective of China＇ s law, the character evidence consists of reputation, behavior tendency and past events. The dependence on other evidence, relative stability and more comprehensive application is typical of character evidence which differentiates itself from other evidence. Character evidence can be divided into character evidence of defendants, character evidence of victims, character evidence of witness and good or bad character evidence. In terms of application of character evidence in modem China, the key is to solve its related problems, cost control and prejudice of bad character evidence.