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鉴于品格证据的重要性,美国《联邦证据规则》对刑事审判中被告人品格证据的提出条件、提出与反驳程序以及被告人特定不当行为的运用情形等予以了细致规定,以防止混淆争点、拖延诉讼以及对被告人的合法权益造成不利影响。未来我国证据立法可通过确立被告人良好品格证据规则和被告人不良品格证据规则两个进路进行改变,以有效弥补当前品格证据运用方面的缺憾。
In view of the importance of the evidence of character, the United States’ Federal Rules of Evidence elaborates the conditions for filing evidence of defendant’s character in the criminal trial, the procedures for making and refuting the evidence and the application of the specific misconduct of the accused, so as to prevent confusion and delay Litigation and the legal rights and interests of the defendant adversely affected. In the future, the legislation of evidence in our country can be changed by establishing two rules of evidence of defendant’s rules of good character and evidence of bad character of defendant in order to effectively make up for the shortcomings in the use of current evidence of character.