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在英美法系的诉讼司法实践中,由于注重对人证的考查,派生出品格证据与习惯证据两种不同的证据,二者适用不同的证据规则,证据的采纳结果也截然不同。本文试图对品格证据与习惯证据进行对比,以词源、心理学基础等方面品格与习惯本身的不同作为分析基础,并找出二者作为旁证时在诉讼中分别对待的原因。
In the judicial practice of the common law system in the United States and Britain, due to the emphasis on the examination of the people’s license, two different kinds of evidence of the quality evidence and the customary evidence are derived. Both of them apply different rules of evidence, and the results of evidence adoption are also quite different. This article tries to compare the evidence of character with the evidence of habit, and based on the difference of character and habit of etymology and psychology as the basis of analysis, and find out the reason why they treat each other as evidence in evidence.