Study On The Mechanism Of Taking Word Evidence From Legal Minors

The ability of minors to perceive external things is poorer than that of adults, especially young minors who can not accurately distinguish real events in memory and fantasy. For the characteristics of minors in the verbal evidence, judicial authority should adopt different means of evidence collection from adults. Presently, there is no strict distinction in our country between adults and minors, and the lack of relevant legislation in evidence collection. In view of characteristics of verbal evidence of the minor criminal suspects, the victim, witnesses, we should establish a perfect forensics mechanism of minor verbal evidence, including the establishment of the principle of evidence collection, training of professional forensic team and special forensic methods, guaranteeing right adult presence and inquiry skills of oral language. The inquiring officers should pay attention to their own problems in the forensic evidence collection process, and always carry out humanistic care, the crimes involving minors to education and reform, mainly educate and influence juvenile offenders, focusing on the protection of the legitimate rights and interests of minors.The article mainly divides into four parts, the first chapter mainly expounds the psychological characteristics of minors. The article divided into four stages throughout the juvenile period:Infants and young children period; Preschool period; School period; Adolescence. It analyses the physiological and psychological characteristics of different age groups to demonstrate special linguistic features of minors.The second chapter through the characteristics of the juvenile psychological, Summarizes the characteristics of minors oral evidence:Poor memory; More general expression; Poor logic; Vulnerable to suggest and so on, which are weak in adults.The third chapter analyzes the present situation and defects of our country juvenile oral evidence forensics mechanism.At present our country for minors oral evidence forensics mechanism of legislation is primarily for the minor criminal suspects, special forensics mechanism does not extend to the minor witness and victim;The relevant provisions pay much more attention to the principles, have no significance of the actual operation and no corresponding penalties and relief measures of violations of the relevant provisions.The defects of Judicial operation are mainly that forensic staff does not have the expertise of the minors and the forensic procedures are not standardizedThe fourth chapter of the article gives advises in the analysis of the present situation of the mechanism of the evidence collection. First of all, it should follow the basic principles:the prohibition of the implied, timely evidence collection, focusing on humane care. Onthe basis of the basic principles, we should establish a professional forensics team, and standardize the inquiry of the evidence collection.We can take some special methods of evidence collection for minors and implement the appropriate adult presence system strictly.