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Court Proceedings Of Sexual Assault Cases In Young Girls

Posted on:2019-06-29Degree:MasterType:Thesis
Country:ChinaCandidate:L ChengFull Text:PDF
GTID:2416330578981025Subject:Law
Abstract/Summary:PDF Full Text Request
There are some common problems in young women's aggression cases,such as the low rate of victim appearing in court,the great difference of judges'judgment ideas,the"compromise" judgment on whether the crime is committed and the degraded treatment.The victim's absence from court may produce the following risks and problems:first,the defendant's right to cross-examine can not be effectively protected;second,the judge's intuitive identification of the victim's statement is limited in reliability;third,it may lead to the fact that the criminal can not be prosecuted or degraded.The author thinks that the young female victim should appear in court when the facts of the case can not be ascertained by other means,which conforms to the rationality of the application of the necessary rules of appearing in court in the Criminal Procedure Law,is the necessary condition to ensure the correct sentencing of the judge,helps to realize the multi-directional protection of the victim and the defendant,and also conforms to the tendencies of the reform of criminal procedure and the state.The need to integrate international practices.Our country has not yet established the procedure for young female victims to appear in court,and foreign countries have only generally stipulated the procedure for minors to appear in court,without making special provisions for young girls.By comparing with the practice abroad,the author explores the establishment of the procedure of appearing young female victims in court and the improvement of the special care measures for young female victims on the basis of drawing lessons from the experience abroad:the establishment of the pre-trial assistance system for young female victims,the implementation of a complete inquiry,the adoption of the technical scheme design of court shielding,and the establishment of special care measures for young female victims in court.The secret witness system and other personnel rules.
Keywords/Search Tags:young girl, victim, appearing in court, procedure
PDF Full Text Request
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