论我国刑事诉讼中品格证据规则的引入
发布时间：2018-12-16 20:09
【摘要】：品格证据是英美法系重要的证据种类,同时在不断的实践和理论探索中形成了完整的品格证据规则。然而在我国,品格证据却是少受关注的冷门问题,更无从谈起品格证据规则的构建了。当然品格证据在我国难以引人注目有着多重原因,没有独立的证据法典决定了品格证据难以得到广泛的承认;定罪与量刑模式一体化庭审模式限制了被告人、辩护人运用品格证据作量刑辩护;未成年人社会调查报告则由于设计缺陷难以起到实质作用。由此看来,品格证据规则的引入阻力甚大,但也应看到现状的亟需改善。本文正文部分分为四章,试图通过介绍英美法中的品格证据规则,寻求我国证据规则的完善。第一章为英美法系品格证据的基础概念介绍,在此基础上第二章主要叙述英美法中的品格证据规则,其中以英国法中的品格证据规则为主,从被告人、证人、被害人三个方面介绍具体品格证据排除规则。第三章罗列了我国目前刑事诉讼中涉及到品格证据的问题,包括四个方面:证据链的形成、刑事强制措施、未成年人社会调查报告、未成年人犯罪记录封存。第四章则是对我国引入品格证据规则的具体设计构思,该部分采用了以往不同的视角,分别从刑事强制措施、刑事审判中的量刑阶段、未成年人犯罪三个方面论述,而不是以常见的主体分类进行讨论,主要考虑到的是目前我国的立法和刑事司法现状,短时期内很难完成独立证据法的立法,因此品格证据这一概念和品格证据规则很难成体系的引入到我国刑事诉讼法中,固大胆地从以上三个角度提出一些设想。
[Abstract]:Character evidence is an important kind of evidence in Anglo-American law system and forms complete character evidence rules in continuous practice and theoretical exploration. However, in our country, character evidence is less concerned about the construction of character evidence rules. Of course, there are many reasons why character evidence is difficult to attract attention in our country. The lack of independent evidence code determines that character evidence is difficult to be widely recognized. The integrated trial mode of conviction and sentencing limits the defendant, the defender uses character evidence to defend sentencing, and the social investigation report of minors is difficult to play a substantial role because of the design defects. In view of this, the resistance to the introduction of character evidence rules is very strong, but we should also see that the status quo needs to be improved. The text of this paper is divided into four chapters, trying to improve the rules of evidence in our country by introducing the rules of character evidence in Anglo-American law. The first chapter introduces the basic concept of character evidence in Anglo-American law system, and the second chapter mainly describes the character evidence rules in common law, in which the rules of character evidence in English law are the main rules, from the accused, witnesses, Three aspects of the victim introduced specific character evidence exclusion rules. The third chapter lists the problems of character evidence in the present criminal proceedings in our country, including four aspects: the formation of evidence chain, the criminal coercive measures, the social investigation report of minors, and the seal of juvenile criminal record. The fourth chapter is the concrete design conception of introducing character evidence rules in our country. This part adopts different angles of view in the past, respectively from three aspects of criminal coercive measures, sentencing stage in criminal trial, juvenile delinquency. Instead of using the common classification of subjects to discuss, mainly considering the current situation of legislation and criminal justice in our country, it is very difficult to complete the legislation of independent evidence law in a short period of time. Therefore, the concept of character evidence and the rules of character evidence are difficult to be systematically introduced into our criminal procedure law, and some ideas are put forward boldly from the above three angles.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
本文编号：2382983
[Abstract]:Character evidence is an important kind of evidence in Anglo-American law system and forms complete character evidence rules in continuous practice and theoretical exploration. However, in our country, character evidence is less concerned about the construction of character evidence rules. Of course, there are many reasons why character evidence is difficult to attract attention in our country. The lack of independent evidence code determines that character evidence is difficult to be widely recognized. The integrated trial mode of conviction and sentencing limits the defendant, the defender uses character evidence to defend sentencing, and the social investigation report of minors is difficult to play a substantial role because of the design defects. In view of this, the resistance to the introduction of character evidence rules is very strong, but we should also see that the status quo needs to be improved. The text of this paper is divided into four chapters, trying to improve the rules of evidence in our country by introducing the rules of character evidence in Anglo-American law. The first chapter introduces the basic concept of character evidence in Anglo-American law system, and the second chapter mainly describes the character evidence rules in common law, in which the rules of character evidence in English law are the main rules, from the accused, witnesses, Three aspects of the victim introduced specific character evidence exclusion rules. The third chapter lists the problems of character evidence in the present criminal proceedings in our country, including four aspects: the formation of evidence chain, the criminal coercive measures, the social investigation report of minors, and the seal of juvenile criminal record. The fourth chapter is the concrete design conception of introducing character evidence rules in our country. This part adopts different angles of view in the past, respectively from three aspects of criminal coercive measures, sentencing stage in criminal trial, juvenile delinquency. Instead of using the common classification of subjects to discuss, mainly considering the current situation of legislation and criminal justice in our country, it is very difficult to complete the legislation of independent evidence law in a short period of time. Therefore, the concept of character evidence and the rules of character evidence are difficult to be systematically introduced into our criminal procedure law, and some ideas are put forward boldly from the above three angles.
【学位授予单位】：华东政法大学
【学位级别】：硕士
【学位授予年份】：2014
【分类号】：D925.2
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