Research On Juvenile Testimony In Criminal Procedure

Under the background of the trial-centered litigation system reform,the construction of the evidence system is of great significance.During the revision of China's laws,the evidence system has been continuously improved,and the regulations on witness testimony have been increasing.The academic community has also conducted a lot of research and discussion.The special group of minors will inevitably appear among the witnesses who perceive the facts of the case to be proved.Juvenile testimony is also an important issue in the study of evidence law.Minors and adults are different from adults in terms of psychology,memory,understanding and expression,but there are insufficient concerns about the special nature of non-adult testimony in law and research,leading to the testimony of minors in judicial practice.Faced with many problems,the testimony effect is greatly reduced.This article starts from the particularity of the testimony of the yourng adults,and does not study the collection,presentation and review of adult testimony in order to promote the discussion of this issue.Specifically,it includes the following four parts:The first part is an interpretation of the testimony of minors.The definition of the age range of minors and the narrow interpretation of the scope of juvenile witnesses will lay the groundwork for the scope of this study.In the first part,the author analyzes the four main aspects of memory,psychological tolerance,comprehension ability and expression ability of the physiological characteristics of minors to determine the physiological specificity of minors compared with adults.Subsequent discussions laid the groundwork.The second part is mainly about the collection of testimonies of minors.To sort out the existing legal provisions on the collection of testimony,and to analyze the physiological characteristics of minors,to clarify the deficiencies in the legal provisions and judicial practices of the existing testimony collection process for juvenile witnesses,mainly from judicial practice and From the two perspectives of legal norms,we will respond positively to the deficiencies.It should be noted that in China's criminal litigation,the right to collect evidence in the investigation stage is almost always completed by the investigative organ.Therefore,the study of the testimony collection stage mainly considers the behavior of the investigative organ.The third part is a study of the testimony of underage witnesses.The testimony of the testimony of the minor witness is that after the testimony is collected,the effect of the testimony directly affects the testimony of the testimony.By sorting out the legal provisions produced by the testimony,it is found that the law provides less provisions for the testimony of minors.In response to this problem,combined with the physiological characteristics of minors,the lack of parts is responded to from different aspects of traditional testimony and improved testimony environment.The fourth part is to study how to judge and judge the testimony of minors.Under the influence of the physiological characteristics of minors,the method of reviewing and judging adults is not fully applicable.After research,it is found that the special provisions of the existing laws in China are not sufficient to fully guide the testimony of minors.The review judged that there was a deviation in the course of the operation.Starting from paying attention to the characteristics of juvenile testimony and establishing the judgment rules different from the testimony of minors,combined with the relevant viewpoints of scholars,we try to solve the problems in the process of reviewing and judging the testimony of minors.