品格证据是证据法中最为复杂、最富争议的问题之一,其在民事诉讼中的运用相对受限,在刑事诉讼中的作用较为突显。譬如在刑事诉讼中,因为该类证据在影响陪审团方面具有十分重要的影响力,控方和辩方都将被告人不良品格证据的可采性视为关键性问题。①品格证据既能帮助证明被告人有罪,也能使被告人获得有利于自身的裁决。 Character evidence is one of the most complicated and controversial issues in evidence law. Its use in civil litigation is relatively limited and its role in criminal litigation is more prominent. For example, in criminal proceedings, prosecutors and defense consider the admissibility of evidence of bad character as a crucial issue because such evidence has a very significant influence on the jury. The evidence of character can both prove the guilt of the defendant and also make the defendant obtain the ruling in favor of himself.