我国刑事被告人品格证据规则之探索

On China's Character Evidence Rules of Criminal Defendant

近年来,我国在刑事司法领域开展一系列制度性改革,其中"和谐司法"、"认罪认罚从宽"、"恢复性司法"等缓和性司法理念与制度正在全面铺开。某些缓和性刑事政策需要被追诉方的品格加以佐证支撑,以对其人身危险性进行度量。因此了解和审查被追诉方品格因素就显得很关键。品格证据可以对被告人刑事责任承担产生较大影响。故研究品格证据,可在理论上界定品格证据含义特征,探究域外规则发展路径,归纳我国建立该规则的可行建议,完善我国证据规则体系。

In recent years, China has carried out a series of institutional reforms in the field of criminal justice. Among them, some mitigating judicial concepts and systems such as “harmonious justice”,“lenient punishment” and “restorative justice” are being fully rolled out. Some mitigating criminal policies need to be supported by the character of the defendant to measure its personal dangerousness. It is critical to understand and review the character of the defendant. Character evidence can have a greater impact on the defendant's criminal liability. Therefore, the study of character evidence can theoretically define the meaning of character evidence, explore the development path of extraterritorial rules, summarize the feasible suggestions for establishing this rule in China, and improve the evidence rules system in china.