Research On The Applicability Of Juvenile Verbal Evidence

Verbal evidence is a common type of evidence in trial.In each case,it is necessary to use verbal evidence to play a decisive role in every case.However,minors' memory ability,expression ability and knowledge reserve are not perfect,leading to a weak position in criminal trials.It is necessary for judicial organs and relevant social organizations to focus on their protection.Ho wever,our current legislation does not have perfect provisions for the verbal evidence of minors,and the implementation of relevant measures in practice is also regrettable.Some specific suggestions on the collection and examination of verbal evidence for minors are put forward.This article is mainly divided into four parts.The first part analyzes the characteristics of minors in different stages of development and the characteristics of juveniles in different litigation positions,and clarifying their common characteristics.Then it expounds the characteristics of juvenile verbal evidence,which are characterized by the existence of stage differences and low probabilities,and leads to the defects of juveniles in the collection and examination stage.The second part,through the minors' problems in the collection and examination stage,is to clarify the application status of the juvenile verbal evidence.In the collection stage,there are unreasonable proportions of the subjects in the collection of juveniles;the procedure of obtaining evidence is repetitive and tedious;the way of obtaining evidence is relatively simple.There is no systematic and targeted measures to judge the evidence ability of young people's verbal evidence and the power of evidence proving.The third part analyzes the specific reasons based on the problems of juvenile testimony in the collection and censorship stage.First,because the juveniles are physically and mentally weak,The mind is easily disturbed and the lack of legal knowledge leads to the physical and mental injury of the judicial organs when they collect evidence.The ability to memorizing and expressing the juveniles who are yet to be developed also makes their testimony low.Secondly,the legal provisions of minors lack the guidance of macroscopical principles,and the specific laws and regulations are also lack of operability.It leads to the lack of targeted measures for judicial staff to collect evidence and censors for minors,which is not conducive to the examination and confirmation of verbal evidence.The fourth part is the relevant suggestions to improve the application of juvenile verbal evidence.First,it is necessary to clarify the principle of juvenile criminal handling to improve the judicial staff's atte ntion to the cases of minors.Secondly,we should improve the mechanism of evidence collection and testimony of juvenile verbal evidence,reduce the drawbacks of existing procedures.Finally,enrich the specific examination methods and widen the examinatio n path to improve the efficiency and quality of the review.The rule of evidence reinforcement is used to strengthen the probative force of juvenile verbal evidence,so as to ensure the accuracy of its testimony in the criminal cases involving minors.