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英美对抗制诉讼模式下产生了品格证据排除规则,品格证据因可能侵犯被告人公平审判权而被法庭排除。我国刑事诉讼实践中普遍存在对被告人品格证据的使用,但却无系统化的规则予以约束。品格证据的运用使被告人面临道德审判,侵犯了被告人的公平审判权。因此,有必要构建我国刑事品格证据排除规则。司法实践中对未成年被告人品格证据的运用,以及相关的立法使我国有构建品格证据规则的可能。
In the Anglo-American counterintelligence litigation mode, there is rule of excluding evidence of character evidence, which is ruled out by the court because of the possible infringement of the accused’s right to fair trial. There is a widespread use of evidence of the defendant in the practice of criminal procedure in our country, but there are no systematic rules to restrain it. The use of character evidence makes the accused face a moral trial and violates the defendant’s right of fair trial. Therefore, it is necessary to construct the exclusionary rule of criminal evidence in our country. Judicial practice of juvenile defendants, the use of evidence of character, and the relevant legislation so that our country has the possibility to build rules of evidence of character.