On The Perfection Of The Minor's Testimony System In China's Criminal Procedure

As a vulnerable group,minors in the entire criminal case not only to experience the cruelty of criminal cases,and questioned by prosecutors,lawyers,Public Security Bureau,and so on.And the potential for retaliation from the other side.As a result,minors take part in criminal proceedings and give testimony,and requires special legislative and judicial protection.It is necessary for the law to make provision including the qualifications of a minor as a witness,Collection of testimony,testimony procedure,Post-trial protection,and so on.Present moment,the minor witness system in our country is not perfect and lack of legislative regulation and there are many problems in judicial practice.And in light of that,the article first analyzes the particularity of the minor witness.Then,it analyzes the problems of the minor's testimony in our country's criminal procedure and use for reference the system experience of foreign minor as witness.The main body of this paper is composed of four parts?The first part,analyzes the the physiological particularity of minor witness and the particularity of minor testimony.thus,it is concluded that the participation of minors in the process of litigation and the provision of testimony are special.This article excludes infants and adults based on age.Specific analysis of the mental endurance of minors,emotional stability and the ability to understand expression.In order to propose the special protection measures to pave the way for the theory.In addition,the characteristics of minor's testimony are analyzed.Establish scientific investigation and interrogation measures for the following and Perfecting the procedure for minors to testify.The particularity of the minor witness influences the qualification and cognizance of the minor's bearing testimony.Further evidence of the need for special protection for minor witnesses.The second part,discuss the problems of juvenile testifying in criminal procedure in China.Firstly,the thesis analyzes the qualification of the minor as a witness.The law is rather vague as to the qualification of a minor to testify and there's no standard for competency.Secondly,there is no corresponding procedure of investigation and interrogation in Criminal Prosecution.The location of the interrogation is not suitable and it's a simple question.There is a lack of alternative measures for non-testifying in court..The fourth part of the article gives some advice on these problems.The third part,review the minor witness system in other countries.The qualification of minor as a witness was clearly established in the form of legislation.A relatively perfect examination standard of minors' ability to testify has been established.A relatively complete procedure for minors to testify has been established.Besides,foreign countries pay more attention to the protection of minor witnesses.The article states how to protect the individual meaning by means of concealment in the procedure of testimony.and an alternative to not testifying in court.They set up of special service agencies and exercise the right of refusal.These provide the reference for the perfection of the minor's testimony system in the criminal procedure of our country.The fourth part,according to the concrete situation of our country,puts forward the reasonable suggestion.This part is the core of the paper.How to standardize the testimony ability and the qualification examination standard of the minor witness is elaborated and use the cross-examination rule in detail.The basic principle is to protect the legal rights and interests of minor witnesses to perfect the procedure of minor witness' s.The protection of the minor witness should run through the whole procedure of the lawsuit.The article gives some opinions on the concrete measures to protect the minor witness after the court hearing.