Study On The Testimony Of Juvenile In Criminal Procedure

Minors are the future of the country and the nation, meanwhile the vulnerable groups in the society which is under adults’domination. Their rights and interests are exposed to detriment. If a minor is a witness of a crime, it is possible that he or she will have to take up the enquiry of the judge, the prosecutor, the police or the lawyer, to provide testimony in order to find out the facts.At this time, the minor should be given special care and protection in the legislative and judicial practice. When minors enter into the criminal proceedings for testimony, the law should stipulate detailed rules about the special protection for the minors such as the competence of juvenile witness, the collection of the juvenile testimony, and the examination of the juvenile testimony to give deposition not only for the sake of the facts, but also for the rights and interests of the minors. Unfortunately, our legislative provisions on these issues are very few, and principles are more than detailed rules and regulations that can be operated in practice.In this article, the author attempts to discuss these questions in detail from the following five aspects:The first part mainly to delimitation the concept of juvenile witness, this part also to state the characteristics of juvenile testimony and mental features of juvenile.The second part mainly to research the qualification of juvenile witness. Based on comparison of more relevant foreign legislations and practice experiences in dealing with, it is recommended that a new procedure system of judging the credibility of witness should be established.The third part mainly to how to collect the juvenile testimony. In order to perfecting the collection of Juvenile testimony, this part analysis the present situation and use comparative method to give some suggestions:officers are relatively well trained professionally, the content of conversation should be made with a clear aim, and video recording should be used to record the conversation.The fourth part thoroughly discusses the examining and judging juvenile testimony, and it is from two major aspects, such as the content and method of judging juvenile testimony.The five parts invents the corroboration rule of Juvenile testimony. This part is based on the present situation of corroboration of juvenile to study how to construct and approve the rule of corroboration of Juvenile testimony.