Study On The Testimony Of Juvenile In Criminal Procedure

Juvenile are the masters of the country in the future,when is the golden age for one to learn and grow.Unfortunately,juvenile may become eyewitnesses or victims in criminal cases, and eventually become witnesses in criminal proceedings.They should be carefree to play and healthy to grow at home and the school,rather than appearing in court as witnesses to be asked by judges,prosecutors or lawyers.Juvenile should enjoy the time of playing and learning,not appear in court to face all kinds of inquiry.In essence,it is contrary to natural development of human being-they suffer high-pressure events which don't belong to the age of juvenile,the pressure and fear they may face even more painful.As vulnerable group of witnesses,juvenile should get special attention in the procedure,and procedure should be designed to meet the Juvenile' physical and mental characteristic and their special needs.So,how to promote the justice and heal the pain through the judicial procedure is a long road but worth pursuing.China also faces the same severe situation.As long as clicking in the Internet,you will find a large number of shocking cases about juvenile victims.In these cases,juvenile are often the main or the only witness,a(?)d their testimony are crucial for the complaint and conviction. In the"the Code of Criminal Procedure" of China,the provisions of series of problems are either blank or too principle,such as the competence of the juvenile witness,the collection of the testimony and the way to testify,resulting in almost no legal basis for practice and being not conducive to enhance the credibility of the testimony and protect the benefit of juvenile.It should make detailed provisions about reviewing the competence of the juvenile witness,judging the credibility of witness,the way to testify and the collection of the testimony in order to have law in practice.Specifically,whether a juvenile may be a witness can be resolve by a pre-trial procedure of reviewing the competences of the juvenile witness; In order to improve the review of the credibility of the witness,it should enhance subjective initiative of judicial officials,and at the same time define criteria and procedure of reviewing which should be easy to operate and be objective and predictable;In accordance different ages to determine whether they need testify in court or not,the law should provide effective measures to enhance the credibility of their testimony;The way to collect testimony should be standardized and sundry,and inquiry staff should select testimony in accordance with situation and protect juvenile from secondary damage.In short,it is of great significance for the protection for the Juvenile and the development of the theory of the testimony of juvenile witness,particularly the credibility of the witness.