JIANGHAN ACADEMIC ›› 2017, Vol. 36 ›› Issue (4): 82-88.doi: 10.16388/j.cnki.cn42-1843/c.2017.04.011

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Rational Analysis of Applying Character Evidence of the Accused in China

QIU Yuqiang   

  1. School of Law,Liaoning University,Shenyang 110036
  • Received:2017-06-21 Revised:2017-06-21 Online:2017-08-15 Published:2017-09-22

Abstract: Character evidence is a characteristic of foreign evidence systems,particularly the British and American systems,however,there were also signs of using character evidence in ancient China. Although it is not yet officially recognized in China’s procedural law,it does exist in juridical practice. Establishment of the character evidence system needs to review British and American laws and take into consideration the acceptability of the evidence,vigilance,litigant’s role,as well as ancient China’s ideas of benevolent punishment and responsible jail investigation. In practice,the social investigation system for juvenile suspects and individual cases that highlight social reasoning also have favorably confirmed the establishment and application of the character evidence system. The establishment of this system with Chinese characteristics has important historical significance in the evidence system’s reform and development.

Key words: character evidence, judicial system, criminal proceedings, evidence system, sentencing, criminal justice

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