Research On Evidence Collection And Review And Judgment In Cases Of Sexual Assault Against Minors

In recent years,the proportion of juvenile victims in sexual assault cases continues to rise,causing serious physical and mental damage to them and extremely bad social impact,which is the focus of criminal punishment.But at present,there is still insufficient judicial crackdown on sexual assault crimes to a certain extent,which has become an obstacle to maximize the protection of minors’ rights and interests.One of the important reasons lies in the lack of evidence collection and examination.To sum up,the research on evidence collection and review and judgment is very necessary and important to accurately punish the crime of sexual assault against minors and better protect the legal rights of minors.Therefore,this article from our country judicial organ in a rational encountered in the process of minor crimes cases of some difficult problems of evidence,and combined with related theoretical basis,targeted Suggestions to consummate the sexual abuse of minors judging evidence collection and review mechanism in the case of Suggestions,to better protect the legitimate rights and interests of minors the victim.Specifically,this paper is divided into four parts:The first part,the basic situation analysis of criminal cases of sexual assault against minors.This chapter discusses the specific case types,case characteristics and the definition of juvenile victims of sexual assault against minors.Sexual assault on minors is a special type of crime,so it is necessary to deeply grasp the core of the case,which is of great significance to solve the difficult problems of evidence in judicial practice.The second part analyzes the difficult situation of evidence collection and review in criminal cases of sexual assault against minors.In the process of handling the special cases of sexual assault on minors,there are still many difficult problems of evidence,and the difficulty of obtaining evidence and proving becomes an important reason for the ineffective crackdown on such cases.From the perspective of practical evidence problems in judicial practice,this chapter analyzes the core obstacles that really affect the fight against the crime of sexual assault on minors and the lack of protection of the rights and interests of victims from the two aspects of evidence collection and review,and explores the corresponding strategies for various obstacles.The third part,the extraterritorial experience of evidence collection and review judgment mechanism in cases of sexual assault against minors.By summarizing and analyzing the experience of other countries in evidence collection and review,the deficiencies and defects in evidence collection and evidence review in China are analyzed,and the overseas experience is reasonably used for reference in combination with the current judicial status in China.The fourth part,the improvement of the evidence collection and review judgment mechanism of sexual assault on minors.In view of the existing evidence problems in dealing with the criminal cases of sexual assault on minors,this paper puts forward targeted solutions.On the collection of evidence,mainly from the principles of evidence collection,one-stop evidence collection mechanism,compulsory reporting system against minors and other aspects of the core is to make the collection of evidence more comprehensive and timely;As for the examination of evidence,the author mainly expressed his views on the grasping of the examination standard of the statement of the victim,the accurate understanding of the proof standard of the case of sexual assault on minors,and the examination and verification rules.