The Research On Special Protection Mechanism Of Minors Testifying

Minors are the future of the country and the nation, meanwhile the vulnerable groups in the society which is under adults'domination. Their rights and interests are exposed to detriment. If a minor is a witness or victim of a crime, it is possible that he or she will have to take up the enquiry of the judge, the prosecutor, the police or the lawyer, to provide testimony in order to find out the facts. At this time, the minor should be given special care and protection in the legislative and judicial practice. When minors enter into the criminal proceedings for testimony, the law should stipulate detailed rules about the special protection for the minors such as the qualification, the collection of the testimony, serving as a witness at court, and the privilege of declining to give deposition not only for the sake of the facts, but also for the rights and interests of the minors. Unfortunately, our legislative provisions on these issues are very few, and principles are more than detailed rules and regulations that can be operated in practice.This article is divided into four parts as follows:The first part is mainly to analyze the meaning of minor testimony. Minors who provide testimony are defied as minor witnesses and victims in this article and divided according to their age. Minors who lack capacity of language meaning and are in adolescence close to adults are eliminated.The second part mainly review and make comparative analysis the minor witness system. This part analyze comparatively the legal system and the judicial practice about the qualification, the collection of the testimony, serving as witnesses at court, and the privilege of declining to give deposition of minor witnesses in common law system and civil law system respectively.The third part mainly research and analyze the status and causes of minor witness system in our country. This part analyze the drawbacks in both legislation and judicial level of minor witness system in our country, and analyze the causes.The fourth part mainly deals with the perfect idea about the special protection mechanism for minor witnesses. This part analyze the rationality of the mechanism, in order to improve the mechanism under guidance of the special protection principles.