陆而启

（厦门大学法学院，福建 厦门 361005）

【摘 要】在英美国家，从被告与证人的权利差异及身份转换出发，品格证据可能用于证明犯罪倾向性的实质争点，属于实质证据，这往往运用于“非证人被告”首先获取良好品格证据进而可能要接受控方反驳的程序机制；品格证据或者用于证明证人可信性的附带争点，属于补助证据，屡见不鲜的是在交叉询问中以品格弹劾“非被告证人”的可信性。在被告人选择作为证人的情况下，被告人的品格可能兼具有实质证据和补助证据的双重功能，品格证据可能被限定于进行可信性的评价，但是其又可能跳过证据、事实根据而直接输入了定罪判断。因此，“被告证人”的品格要经过手段因何可采和对定罪有无证明力的双重检验。

【关键词】 品格；倾向性；可靠性；实质证据；补助证据

【中图分类号】D915.13

【文献标识码】A

【文章编号】1674-1226（2023）01-0005-17

Proof purpose of character evidence. Lu Erqi. Xiamen University Law School, Xiamen 361005.

【Abstract】In common law countries, based on the discrepancy in rights between the defendant and the witness and the identity conversion between them, character evidence may be used as substantive evidence to prove the material issue of propensity to commit a crime. Such use of evidence occurred often in the procedural mechanism, whereby evidence of good character of "non-witness defendants" would be admissible in the first instance, and subject to rebuttal by evidence of bad character. Character evidence can also be used as collateral evidence to prove the collateral issue of the credibility of the witness. It is not uncommon that the credibility of "non-defendant witnesses" is attacked by character evidence in cross-examination. When the defendant testifies,the defendant’s character may have the dual functions of substantive evidence and collateral evidence. Character evidence may be limited to the evaluation of credibility. But it may skip the evidence and factual basis and directly give input in conviction. Therefore, the character of the "defendant witness" has to be double-tested as to the grounds of its admissibility and its probative value to the conviction.

【Key Words】 Character; Propensity; Credibility; Substantive evidence; Collateral evidence