Research On The Victim's Testimony

"Law of Criminal Procedure" directly explicitly had stipulated the victim stated independence legal evidence type status in 1979 in China.Afterward, the victim stated that has taken the legal independent evidence type in our country criminal prosecution's legislation and the judicial practice widely to apply. Although our country Law of Criminal Procedure regarding the victim stated that takes the independent evidence type the stipulation also to have 30 remaining years of life until now, but the victim stated the research had still not been able to work loose in witness testimony theory category. Regarding the victim stated that takes the independent evidence type the reason or the rationality, has rarely had the proof; The victim stated that in the evidence investigation and the utilization aspect, in the judicial practice is also is suitable with witness testimony nearly consistent evidentiary rules and the procedure rule. Independence which and particularity as well as the practice demand of stated based on the victim, has the collection which and the investigation procedure stated to the victim carry on necessity of the deep research.Besides the introduction and the conclusion, this article is composed of three parts, altogether approximately 33,000 characters.The first part is the outline. The legal status which from the victim this part makes concrete states the concept which, the characteristic, the value and the victim stated to embark, stated some elementary theory question to the victim to make one to comb. In the article believed that the victim identifies the record is actually the victim states preserves the form, the victim identifies from materially analyzes is one special form which the victim stated; Also from aspects and so on victim's lawsuit litigant status, our country careful concrete evidence classification logic elaborated the victim to state that present took our country independent legal evidence type the reason.The second part is the collection which stated for the victim. This part to collected the premise which, the principle and the main body three basic questions as well as time the collection special victim statement protection procedure the victim stated has carried on the proof. In the article thought: First, the victim stated that the collection the premise wants the victim to have testifies the qualifications. In the criminal private prosecution case, the victim also has testifies the qualifications, but stated to the private prosecutor utilization reasonable limit. Second, the victim stated that the collection should adopt take willfully as a principle, take forces as the exception principle. Stemming from to the victim the independent respect, collects the victim to state that personally should state voluntarily by the victim; But when faces victim's independency and does not hinder the public interest, not to indulge the serious crime two kind of values have the conflict, to the victim has the condition compulsion collection, but should give the procedure restriction. Third, the victim stated that the collection the main body, should entrust with the defense to collect the right which the victim stated. Fourth, the special victim states the collection the program protection. After the proof construction collection special victim stated procedure necessity, from the collection number of times, the place, the main body, accompanied a sick person to provide nursing care several aspects to establish the special victim to state the collection the program protection system.The third part is the examination which stated for the victim with recognized. This part before the victim stated the examination the order, proposed the main body, the overlapping inquiry and the confrontation inquiry concrete review mechanism, the hearing gains written statement's recognizing as well as the victim have carried on the comprehensive elaboration in the examination stage's safeguard practice. In the article thought: First, evidence investigation order take statement evidence and so on victim statement as first. Second, controls debates both sides to be possible to propose that the victim states the submission examination. One-sided, absolute states the victim the inclusion complaint evidence, but can only propose by the prosecution the stipulation is unreasonable; According to the victim stated that the actual content favors prosecution or favors the defense the directive property, both sides should be authorized in the court to propose. Third, the perfect victim states the examination the overlapping inquiry system. The overlapping inquiry's way should have the narration type and the interrogatory method two kinds, consummates the prompt memory and so on supporting measures to safeguard the overlapping inquiry function the display, retains judge's in overlapping inquiry authority inquiry. Fourth, establishes our country victims to state the examination the confrontation inquiry system. After overlapping inquiry conclusion, may start the confrontation procedure, further examines verifies the objectivity which the victim stated. Fifth, before victim courtyard, written statement examination. When the victim does not appear in court, eliminates several exceptional situations to be possible to accept, other written statement's use or not unifies the other evidence synthetic judgment by judge, to presents the written statement which is unable to remove contradictory not to be able to take the verdict the basis; The victim appears in court, but stated before the courtyard and cannot explain the reason not identically, by judge according to the innermost feelings believed firmly that decides after deliberation freely. Sixth, examination stage to special victim's safeguard practice. May adopt to the special victim limits accused person's questioning witnesses right, to replace suitably with the written statement appears in court and so on measures to carry on the protection.