| As a common type of evidence,verbal evidence often plays an irreplaceable role in conviction and sentencing.Minors,as a vulnerable group in society,are immature in physical and mental development,so they can easily become targets of infringement.In special cases where minors are victims,the testimony of minors plays an extremely important role in case identification.However,since minors are far less capable of perception and expression than adults,the collection and examination of their verbal evidence cannot adopt the standards of adults.China’s current legislation does not make special provisions on the examination and judgment of juvenile verbal evidence.Although the special chapter stipulates the "criminal procedure for minors",its contents are mainly aimed at adult defendants,while the provisions for juvenile victims and witnesses are almost blank,resulting in poor results in the collection and identification of verbal evidence in cases involving juvenile victims and witnesses.Based on this paper,the minor victims and witnesses will be the main research subjects,starting from the guiding case "Qi’s rape and child molestation case",combining the physical and mental characteristics of minors and other typical cases,this paper explores the collection,examination and judgment of verbal evidence of minors.This paper is mainly divided into four parts.In the first part,by focusing on the case of "Qi’s rape and child molestation",it leads to the problem of accepting the verbal evidence of minors in judicial practice,and clarifies the research object of this paper.The second part is the elaboration of the litigation characteristics and judicial status of juvenile verbal evidence.Firstly,it introduces the characteristics of verbal evidence,and then finds out the present situation of different types of juvenile verbal evidence by taking cases as examples,and then summarizes its characteristics.The third part is the collection of verbal evidence of minors.Based on the particularity of "one-to-one" juvenile cases,we find its shortcomings from both legislative and judicial aspects.By investigating the desirable practices of collecting juvenile verbal evidence outside China and combining with the actual judicial situation in China,this paper puts forward some suggestions on collecting juvenile verbal evidence suitable for China’s national conditions.The fourth part is the examination and judgment of the verbal evidence of minors,which is mainly divided into the problems of evidential ability and probative force.The analysis of the development course of the juvenile’s evidential ability and probative force is based on the relevant laws and regulations in ancient and modern China,and analyzes the problems existing in the verbal evidence of juvenile victims and witnesses at present in China.Through the analysis of practical cases,combined with the provisions of foreign countries on the ability of evidence and probative force of minors,this paper puts forward the solutions to the statement of minor victims and the testimony of witnesses. |
