Free Evaluation Of Evidence And Evidence Of Sexual Assault On Minors

Judicial justice depends largely on the quality of criminal evidence.Underage victims can be said to be the most vulnerable person among all the witnesses.However,due to the special evidence structure of the cases of child sexual abuse,the effectiveness of combating the crimes of such cases has been lost.Because of its special evidence structure,the cases of child sexual abuse are faced with certain difficulties in proof.On the one hand,because of the crimes committed by acquaintances using nonviolent means and the short timelines of biological evidence,there is very little documentary evidence or physical evidence in such cases;what’s more,owing to the concealment of the criminal place,the case is lack of eyewitness,and it is done by the criminal suspect when pleading innocence and confessing,only relying on the statement of the minor victim and a lot of hearsay evidence is difficult to realize the prosecution of the case through our country’ s proof mode under mutual corroboration.Compared with the free evaluation of evidence,the proof mode under mutual corroboration’s conviction requirement is relatively higher.Therefore,how to innovate the corroboration mode,give a higher and more important proof status to the free evaluation of evidence is worth rethinking.This article explores the exceptional application of extraterritorial evidence rules and the feasibility of the application of relevant peripheral evidence in such cases,to broaden the path of proof.At the same time,it calls for moderately reducing the corroboration standard between the evidence to search for the preferential protection of the minors.The text mainly includes the following four parts:The first part mainly summarizes the evidence characteristics of sexual assault on minors in China according to the judgment that was randomly searched from China Judgment Documents Network,and the evidence review and judgment standards reflected in official guidance cases,and then analyzes the proof ideas and fact identification path of sexual assault on minors in practice through cases and discover the limitations of the application of mutual corroboration in such cases.The second part is based on the two perspectives of evidence collection and the proof mode under mutual corroboration,revealing the proof in such cases is tough.Firstly,it describes that the difficulty and shortage of evidence collection lead to the difficulty of proof and fact identification in such cases.And then it explains the deficiency of mutual corroboration mode in the fact identification of such cases.Part three is mainly the reflection on the evidence gathering of child sexual abuse.Firstly,it is necessary to continuously improve the collection of evidence-centered on the statement of the victim,and secondly,it is necessary to reflect on the evidence access threshold of sexual assault on minors in China from the perspective of evidence admissibility.By exploring the exception of evidence rules in foreign countries,mainly focuses on character evidence and hearsay evidence that applied to such cases in the United States,from which we can find some experience and inspiration.China’s criminal procedure law confines the types of evidence to eight categories and does not set up a general clause.Given the special difficulties in the proof of such cases,it is necessary to give expert scientific testimony,character evidence,and other evidence a certain status,to relax the access threshold of evidence,to better play the role of free evaluation of evidence,and to better realize the prosecution of such crimes.Finally,from the perspective of the power of evidence,it is argued that the tradition of solitary evidence that cannot be convicted needs to be treated reasonably in such cases.Under the structure of "one-to-one”evidence of verbal evidence,when there is no other evidence to confirm the statement of the minor victim,the credibility of the children’ s testimony can be enhanced by the corroboration between the peripheral facts in the statement that have little relation to the facts,and to explore the possibility of using single evidence to convict,it underlines the free evaluation of evidence in such cases.The last part is mainly a profound consideration of proof mode under mutual corroboration in such cases.Firstly,a certain dialectical analysis reveals the relationship between two verification modes.Secondly,it argues the free evaluation of evidence should be endowed with a clearer and more important status to better guide the determination of facts in such cases,and endow free evaluation of evidence with a clearer and more important status in the proof of criminal proceedings.And this paper expounds on how to build a free evaluation system to promote the dilemma of proof in such cases.