Research On Child Witness Testifying From The Perspective Of Criminal Procedure

When children participate in the criminal procedure as witnesses,in order to guarantee the truth of the case entity and meantime prevent the rights and interests of child wtness from being hurt in the course of the procedure,we require laws for provisions on the qualification of child witness,the collection of child witness' testimony,the examination and judgment of children witness' testimony,the mode of child witness' testimony and the special protection measures of child witness,etc.However,the legislative principle provisions of child witness' testimony in our country are more than the specific operational rules.In the judicial practice,there are differences because of the blankness of the legal provisions.In view of this,we can use the research method of the comparison between the practice and the outside field from the perspective of the criminal procedure,hoping to provide some ideas for the improvement of child witness' testifying procedure.The article is divided into five parts: the first part is a summary of child witness in the field of the criminal procedure.Starting with the meaning and characteristics of child witness,this paper introduces the relevant psychological mechanisms of child witness' testifying,including the cognitive mechanism and the expression mechanism,which further analyzes the external and internal factors affecting the child witness' testifying.There is a basic introduction to the relevant contents of child witness' testifying.The second part mainly elaborates the significance of the study of child witness' testifying.The study of child witness' testifying is conducive to the full maintenance of judicial justice,to the full protection of the rights and interests of child witness in proceedings,to the effective protection of the physical and mental health of child witness,and to the promotion of the process of judicial reform.Through the introduction of the significance of child witness testifying,more people pay attention to child witness.The third part mainly introduces the legislative evolution and current problems of child witness' testifying in China.In the part of legislative evolution,this chapter divides the legislative development of child witness' testifying into three stages according to the chronological order,that is,before the end of the Qing Dynasty,from the end of the Qing Dynasty to the period of the Republic of China,the period of People's Republic of China till now.This paper introduces the development of child witness legislation in detail,and analyzes the existing problems from the point of view of legislation and judicial practices.The fourth part mainly introduces the investigation of the extraterritorial provisions of child witness' testifying.This paper introduces in detail the regulations of child witness qualification,child testimony collection procedure,child witness testifying mode,child witness protection and so on in some countries and regions outside the country.The fifth part puts forward some suggestions on the procedure of child witness' testifying in our country,including constructing the identification procedure of child witness qualification,perfecting the procedure of collecting child witness testimony,perfecting the procedure of examination and confirmation of child witness testimony.Consummate the child witness testifying way to formulate the child witness special protection pattern and so on aspect content.