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A Study On The Problem Of Reinforcement Of Minor Testimonial Evidence In Criminal Procedure

Posted on:2019-01-09Degree:MasterType:Thesis
Country:ChinaCandidate:L LiuFull Text:PDF
GTID:2416330548983155Subject:Law
Abstract/Summary:PDF Full Text Request
In recent years,with the number of criminal cases involving minors such as Beijing five underage girls bullying violence cases,Jilin kindergarten teachers of child abuse cases and so on rose sharply,a large number of minor testimonial evidence in the proceedings emerged.But there are few rules governing the only direct evidence(minor testimonial evidence)which contribute to recognize the case fact.So,in judicial practice,the evidence collection and examination as well as the use of reinforcing evidence to prove the facts of the crime are faced with great obstruction.Throughout the current criminal procedure law in China,only the provisions of the fifty-third section of the criminal procedure law provide for the reinforcement of the defendant's population,but there is no explicit provision for the reinforcement of other testimonial evidence,not to mention the provisions on the reinforcement of minor testimonial evidence.The civil law system only recognizes the rule of confession.The common law system expands the scope of evidence reinforcement to the statement of the minor witness and the victim,which brings an opportunity to construct the reinforcing mechanism of minor testimonial evidence.Through comparative analysis of relevant provisions of evidence reinforcement at home and abroad,combined with the practice of minor criminal justice in China,the paper explores the necessity of reinforcing minor testimonial evidence and the problems existing in the process of judicial operation,and develops own solution to the problem.This article is divided into four parts:The first part is the basic theory of the reinforcement of minor testimonial evidence.First,introduce the related classification of minor testimonial evidence,and analyze the proof of each type of evidence.Next part is interpretation,interpret the scope of main evidence and the ability of corroborative evidence.The second part is the analysis of the reasons for the reinforcement of minor testimonial evidence.In this part,based on the special subject of minor,the author first analyzes the common reasons for reinforcement,and then analyzes the special reasons for every type of minor testimonial evidence.The third part is the present situation and defects of the reinforcement of minor testimonial evidence.First,we use the method of comparative analysis to introduce the legislative and judicial status;second,by analyzing four typical cases involving minors,and combining the current situation sum up many existing problems such as the corroborative evidence sources are not independent,the species of corroborative evidence are single,the personnel of evidence lack of professional,the case handling organizations are not in good cooperation,repeated evidence reinforcing phenomenon appears frequently.The fourth part is the idea of improving our reinforcement of minor testimonial evidence.The first point is the suggestions for perfecting the legislation from foreign legislation and judicial experience,and the last two points are the suggestions of innovation based on the judicial practice.
Keywords/Search Tags:minors, testimonial evidence, reinforcement
PDF Full Text Request
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