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英国学者约翰.杰克逊曾描述:“证据规则曾经被描述为普通法体系花园里的一朵具有异国风情的花朵。复杂性是其显著特征。对于外行人来说,证据规则看起来就像不连贯规则的迷宫,它由例外加以点缀,例外之外伴随着另一些例外。”品格证据给人的感觉便是如此。以品格证据为视角来看取保候审,借鉴外国保释与品格证据的关系,对品格证据在取保候审中发挥独特的作用进行深度分析,为我国刑事侦查建构更科学、更人性化的品格证据规则。
The British scholar John Jackson described: “The rules of evidence were once described as exotic flowers in the common law garden, complexity is its salient characteristic, and for the layman the rules of evidence look like no The labyrinth of coherent rules, which is embellished with exceptions, with the exception of exceptions. ”The same is true of the evidence of character. From the perspective of character evidence, we can obtain the bail pending trial, draw lessons from the relationship between the foreign bail and the character evidence, and conduct an in-depth analysis on the unique role played by the character evidence in the bail pending trial, so as to construct a more scientific and humane character evidence rule for the criminal investigation in our country.