| Because of the particularity of their physical and psychological conditions,the minor victims in criminal cases are more likely to be affected by the external environment,which may lead to the lack of authenticity,accuracy,comprehensiveness and stability of the statements made,thus affecting their ability of evidence and the power of proof.Therefore,according to the characteristics of minors of different ages,combined with the relevant theories of verbal evidence in our country,we should draw lessons from extraterritorial practical experience from the aspects of personnel,time,place,method and so on.Improve and perfect the procedure of questioning the minor victims in our country,in order to improve the ability and level of obtaining the statement evidence of the minor victims.In addition to the introduction,this paper mainly consists of four chapters.The overview of the first chapter mainly deals with the scope and characteristics of juvenile victims as well as the concept and significance of the procedure of questioning juvenile victims.First of all,this chapter summarizes the scope of juvenile victims.Combined with the standards of psychology and medicine,the development stage of minors is divided into three stages: early childhood(2-7 years old),adolescence(7-12 years old)and adolescence(12-18 years old).The characteristics of juvenile victims in different periods are analyzed.Secondly,it is proposed that questioning the minor victims is conducive to obtaining evidence and solving clues,as well as highlighting the legal humanistic care.The second chapter analyzes the procedure of questioning minor victims in our country,and reveals the shortcomings and problems.Through the analysis of empirical cases and data,combined with the presentation characteristics of minor victims,this chapter puts forward the following problems in the inquiry procedure: unreasonable allocation of inquiry subject,inappropriate time and place,inappropriate inquiry method,imperfect audio and video recording system,adult presence system,legal aid system,incomplete trial procedure and so on.The third chapter mainly introduces the extraterritorial experience.Drawing lessons from the experience of perfecting the inquiry procedure of Europe and the United States and Taiwan from the aspects of "person,time,place and thing",this paper focuses on the introduction of extraterritorial fragile witness system,and analyzes the design and arrangement of court inquiry procedure for minor victims under different ways of testifying.The fourth chapter puts forward the improvement path of the procedure of questioning minor victims according to the previous content,that is,to improve the inquiry procedure by optimizing the structure of participants and establishing a multidepartment linkage "one-stop" forensics center.A variety of inquiry methods and methods are adopted to improve the inquiry effect.In addition,it also includes the improvement of sound recording and video recording,the presence of adults and legal aid,as well as the two modes of trial inquiry. |
