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On The Judicial Cognizance Of Criminal Litigation Minors Testimony

Posted on:2018-12-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y ZhangFull Text:PDF
Abstract/Summary:PDF Full Text Request
"Witness" has played a decisive role in the criminal evidence legislation and practice,since ancient times has been a focus in the world,but also to prove the standard put forward more specific requirements.As a special existence of the witness,there are many differences between the minor witness and the adult witness,so the ability to testify and the admissibility of the testimony should be different from that of the adult witness.Although China has introduced a number of laws and regulations on the protection of minors as the legitimate rights and interests,legal provisions involving minors in all aspects,but it is a pity that the relevant provisions of minors is summarized and a few words.In China,like most countries in the world have admitted that minors qualified as a witness,but due to the particularity of juvenile physical and mental stage,so the adult witness generalization is not appropriate,the admissibility of testimony is becoming a difficult problem.Coupled with the existing provisions of existing problems examination standard is not clear,not rigorous review process,the judicial practice of the juvenile testimony is less and less,largely affected by a number of juvenile justice infringement criminal cases.This article mainly from the three aspects of the status quo of judicial determination of juvenile testimony and puts forward some improvement suggestions: the first is China's juvenile witness status in the criminal laws and regulations in judicial practice are identified,combined with foreign comparative analysis.This part will analyze from two aspects,one is the minor Witness Qualification on the law of different comparison of different provisions,credibility of the two is the testimony of the witness of juvenile(admissibility)comparative analysis of determination,combined with China's current legal provisions,judicial practice found loopholes or insufficient.Secondly,the specific analysis of the causes of juvenile testimony that a variety of reasons many difficulties in the judicial,this partwill be developed from three aspects: the first one is a minor different characteristics at different stages of individual development(such as specific age,mental state of juvenile testimony influence)and judicial practice in China to treat minor some problems in the procedure of witness testimony;two is the rule of corroboration in the field of criminal proceedings for lack of juvenile testimony applicable;three is the witness of minors in China's judicial practice and witness protection program is not complete,not science.These reasons make the juvenile testimony can not play its due role in criminal justice,therefore,the last part of this paper will address the above issues put forward the corresponding legislative and judicial suggestions,from qualification,reinforcement,witness testimony procedure to testify on the protection of minors in the following aspects this.
Keywords/Search Tags:minor witness, the ability to testify, witness identification, legislative perfection, witness protection
PDF Full Text Request
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