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Study On The Witness Protection Of Sexual Assault Children

Posted on:2016-04-24Degree:MasterType:Thesis
Country:ChinaCandidate:Q HeFull Text:PDF
GTID:2296330470479521Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,the news reported a large number of child sexual abuse cases, a large number of innocent children is suffering from injury of body and heart.Not only that,when cases into the criminal procedure,the police asked the victim, or hearing the victim to appear in court when the cross-examination,every link easily lead to "secondary injury" for children.Due to our evidence legislation lag, and lack of child protection consciousness, So there is no specific provisions to their protection,related provisions are generally included in the regulations on adults.As vulnerable groups in criminal proceedings,children deserve special attention.How to design the program conforms to the children physical and mental characteristics,and help them return to normal life as soon as possible,they are very important to the judicial system,and are also the significance of this paper.The article is divided into five parts:The first part discuss the necessity of special protection for child victims of sexual assault, gives the definition of child sexual abuse. introduces the current status and characteristics of child sexual abuse cases in China.At present, the sexual assault crime are more and more, this kind of special groups must cause enough attention,they need special protection by criminal procedure. This is decided by the particularity of children physical and mental development,this is the guarantee of human rights, safeguard judicial authority, a key support to promote social harmony family.The second part has analyzed the inadequate of protection for children in our country.Mainly include the lack of legislation and judicial practice of the improper operation,children can not get due protection and even suffer from "secondary injury". The reason is the attention of the society is not enough, the judicial personnel lack of protection consciousness and professional quality.The third part discusses the countries and regions. Based on several typical countries and areas protected mode of comparison and distinguish, in order to make reference and learning.The fourth part puts forward several basic principles of protecting child victims of sexual assault in the criminal proceedings.Including rapid and timely principle, special and priority protection principle,extended protection principle.The fifth part is to testify protection mechanisms of child victims of sexual assault, divided into three phases.In the investigation stage,ask children victims should follow a series of rules;Trial stage, not to appear in court cross-examination as principle, to appear in court appearances for the exception,and in exceptional circumstances,children in cross-examination protection measures must be taken, to reduce damage to minimize;After trial phase protection is mainly set up tracking service system,to protect children in the largest extent.
Keywords/Search Tags:Sexual assault, Children victims, Testify procedure, Special protection
PDF Full Text Request
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