On The Research Of The Acceptance Of Juvenile Victims' Statements In Criminal Cases

The victim's statement,as a legal evidence type,is one of the important bases of the judge's conviction and sentencing.However,due to the particularity of the physical and mental development of the minor victims,the collection,fixation and admission of the statement of the minor victims need to take a special admission path according to the characteristics of the minor.Through the empirical analysis of the judgment documents,it is found that the inadmissibility of the statement of the minor victim in criminal cases is rarely based on the introspection of the evidence,and often depends on the search for external evidence to support its proving power.This is inevitably related to the limitations of the physical and mental development of minor victims,the risk of pollution in the collection process,the absence of admissible rules at the legislative level and the lack of institutional guarantee.The paper holds that different types of crimes have their own characteristics,so the specific proof requirements of different types of crimes are also different.The type of crime directly affects the combination of evidence,the amount of evidence,the degree of proof and other factors.Therefore,it is necessary to explore the admission path of the statement of the minor victim,and adjust the examination scope of the admission of the statement of the minor victim according to the characteristics of the crime type.Meanwhile,from the perspective of evidence introspection,in order to improve the admissibility of statements of minor victims in criminal cases,it is necessary to ensure the legitimacy of the procedures of evidence collection,evidence presentation,cross-examination and certification of statements from the system level.This article is divided into five chapters:The first chapter through the focus on"tang lanlan"case leads to the judicial practice of the juvenile victim's statement of the admissibility is indeed controversial.Then the connotation and extension of the statement of the minor victim are clarified.Although the statement of the minor victim is relatively true,it is characterized by logic confusion,back-and-forth and subjective transformation.The model of-free evidence emphasizes that judges make free judgment on the proving power of evidence so as to reach the degree of inner conviction or to eliminate reasonable doubt.The verification mode emphasizes the mutual support and mutual verification between the evidences so as to confirm the evidences'proving power and the facts to be proved,so it is easy to ignore the introspective review of the evidences.The second chapter analyzes the obstacles of the minor victim's statement in the judicial practice in the criminal cases involving the minor victim by selecting the qualified cases on the Chinese online judicial documents.In addition,based on the data of the age of minors,the collection and fixed procedures of statements,the close relationship with the offender,the situation of agents AD litany,the evaluation of the ability to testify,and the rate of the appearance of the minor victims,this paper analyzes the problems existing in the statement admissibility of the minor victims.The third chapter analyzes the factors that influence the statement of juvenile victims from internal and external factors.Specifically,it includes the limitation of mental level of minor victims,the risk of minor victims' statement being polluted,the absence of admissible rules for minor victims'statement,and the insufficient institutional guarantee for minor victims'statement.The fourth chapter according to the current judicial practice,mainly for the three types of juvenile victims of the statement,explore the juvenile victims of-the statement of the admissibility of the path,and according to the characteristics of the type of crime,targeted adjustment of the statement of the juvenile victims of the admissibility of the scope of review.It can be summarized as follows:in cases of sexual assault,the admissibility of the statement of the minor victim is judged from five aspects of procedure,content,modality,motivation and character.In the category of injury crimes,the statement of the minor victims only needs to be reviewed from four aspects:procedure,content,modality and motive,among which the cause analysis of the crime and the social investigation report of the minor victims are emphasized.In the case of property crimes,it is necessary to focus on the analysis of the behavior and psychological activities of the minor victims when they are victimized,and to form a professional evaluation report as collateral evidence,so as to provide a reference for judges in judging their evidential power.The fifth chapter puts forward the system guarantee of perfecting the statement and admissibility of minor victims.First,a special investigation procedure for minor victims should be established in the investigation department to ensure the due process of statement collection and fixation of minor victims.Second,improve the legal aid mechanism for minor victims,effectively protect the litigation rights of minor victims,so as to protect them from the"secondary harm"of the criminal procedure.Thirdly,an expert evaluation and appraisal system should be established to improve the quality and effectiveness of judicial review by complementing scientific analysis on the evidence proving power of juvenile victim statement.Fourthly,establish special rules for the underage victims' statements in court,alleviate the negative emotions of the underage in participating in the trial,and help the judges to form free evidence.