Research On Criminal Victim's Testimony

Criminal victim's testimony is one of the seven kinds of statutory evidences in China's criminal procedural law. It is always esteemed by the judges in criminal process, because it is full-scale, specific, lively, and objective. Especially, in the homicide, hurt, robbery, and rape cases, it is usually the starting line of the investigation. However, criminal victim's testimony in the criminal procedural law, it has its inner theoretical limitations to be a kind of individual evidence type, and also hinder establishing the common rules for the wordage evidence, including witness's testimony and parties' testimony. Accordingly, in order to discuss the criminal victim's testimony systematically, we should combine with the international universal rules for the wordage evidence. For gaining evidence part, firstly, we should guarantee the freedom of the victim to state; secondly, we should choose the prosecutor as the main subject for investigating the testimony out of the court, assistant by the defendant side; and the thirdly, judge has the inquiry power outside the court. For censoring the evidence, it includes the relevancy rules, hearsay rules, exclusionary rules, and so on. For adopting the evidence, it includes consolidating rules, preference rules and so on.