Research On Judgment Of Children's Verbal Evidence

In recent years,criminal cases of violating children's legitimate rights and interests have appeared in the public's field of vision from time to time,and have become the focus and hotspot of public opinion,such as the case of a girl was obscened by a boy which took place at Nanjing South Railway Station on August 13,2017,and the case happened on November 22,2017,Beijing Red Yellow and Blue Kindergarten abuse children.With the occurrence of these cases,in the field of criminal proceedings,the status of children has also increased in judicial practice.However,because children's perception,memory,expression and other aspects are different from those of adults,the verbal evidence they make is poor in accuracy and integrity,and is often vulnerable to interference from the environment.Therefore,when judges judge children's words,specific analysis are necessary,this is also the purpose of this paper.In order to achieve this goal,we must first understand the basic model of the review and judgment of Chinese children's verbal evidence.The author's research finds that the basic model of criminal evidence review and judgment in China does not form an "evidence access-evidence assessment" model similar to the Anglo-American legal system or the civil law system,but the"evidence material-evidence-definite basis" model with Chinese characteristics.This model has many disadvantages in the review and judgment of children's verbal evidence.In recent years,although the legislators made some efforts in this aspect,the effect is not obvious.The author draws on the model of the two major legal systems,and combines the existing basic models in China to construct the basic model of the evaluation and judgment of children's^verbal evidence in China,forming a "evidence ability-validation power" model to better meet the needs of theory and practice.On this basis,the review and judgment of children's verbal evidence is carried out from two aspects:evidence ability review and proof(?)ower review,in terms of evidence ability,three aspects need to be examined:first,witness qualification.China's legislation does not clarify the child's witness qualifications,which leads to confusion in judicial practice.The author believes that it is necessary to clarify the child's witness qualifications;second,whether there is correlation.The review of the relevance of the relationship mainly begins with substantive and probative;third,legality.For the purpose of protecting children,special protection should be given to children when obtaining and investigating evidence.As far as proof is concerned,there are two aspects to be examined:first,authenticity.Judgment of authenticity judgment technology and real monitoring technology can be used to judge the authenticity of children's verbal evidence.Second,the relevance size.Here,the author re-emphasizes the rules of evidence reinforcement.